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Kanada/ Historic vote urges Canadian province to stop jailing immigration detainees
A major Canadian city has made a historic move to help protect the rights of migrants and asylum seekers.
Vancouver's City Council voted unanimously on Wednesday to urge the province of British Columbia to terminate its immigration detention contract with the federal government. The contract allows the Canada Border Services Agency (CBSA) to incarcerate immigration detainees in British Columbia's jails. No other Canadian city has taken this step.
At the hearing, city officials heard from Human Rights Watch, Amnesty International, the British Columbia Civil Liberties Association, and Rainbow Refugee.
They also heard from Abdelrahman Elmady and Sara Maria Gomez Lopez, who experienced immigration detention after arriving in Canada to seek asylum.
Abdelrahman, who has a hearing disability and is a father of two boys, told the councillors how he was jailed in British Columbia without charge: "I was handcuffed and shackled. My belongings were taken away, including the rechargeable batteries to my hearing aids.... My faith in Canada was violently shattered, and I was alone, in jail, and in silence."
Sara was also arrested after she made a refugee claim in British Columbia. "I never understood why CBSA incarcerated me in ... a maximum-security provincial jail," she said. "I turned into an inmate, a number, a faceless nobody."
Today, Sara works as an outreach and intake supervisor at the Vancouver Association for Survivors of Torture, supporting refugee claimants and newcomers. "I believe in a better Canada," she told the councillors.
The councillors passed the motion unanimously. Councillor Jean Swanson, who introduced the motion, observed, "That's probably the most powerful 45 minutes I've experienced here in Council."
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Belarus/ Violence and pushbacks at Poland-Belarus border
Poland unlawfully, and sometimes violently, summarily pushes migrants and asylum seekers back to Belarus, where they face serious abuses, including beatings and rape by border guards and other security forces, Human Rights Watch said today. At least one person drowned and another disappeared in March 2022 in the course of being pushed back.
"It's unacceptable that an EU country is forcing people, many fleeing war and oppression, back into what can only be described as hellish conditions in Belarus," said Lydia Gall, senior Europe and Central Asia researcher at Human Rights Watch. "The unlawful pushbacks of migrants to Belarus and subsequent abuse they face there stands in stark contrast to Poland's open door policy to people fleeing the war in Ukraine."
The humanitarian crisis on the Poland-Belarus border began in 2021, with severe ill-treatment of migrants and asylum seekers by border forces on both sides. Hundreds of people from countries including Iraq, Syria, Iran, Yemen, Afghanistan, and Cuba attempting to seek asylum in the EU end up trapped in the inhospitable border area between the two countries.
Between March and May, Human Rights Watch conducted phone interviews with nine migrants, including families with children and single men, a human rights expert, and activists. Human Rights Watch also interviewed representatives of two border guard stations and two detention centers for foreigners in Poland.
People interviewed said that Polish border guards had pushed them back to Belarus in March and April, sometimes violently, and without due process, despite their pleas for asylum. On the Belarusian side, people reported violence, inhuman and degrading treatment and other forms of coercion by Belarusian border guards. Vulnerable groups, including families with children, older people, and people with health issues were among those summarily pushed back to Belarus.
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Ukraina/ Migrants locked up near front lines
Free migration detainees; Allow them to leave country for safety
Migrants and asylum seekers locked up in a migrant detention center in Mykolaiv on the edge of the front lines in southern Ukraine are in danger and should be released, Human Rights Watch said today. Ukraine should urgently release the dozens of migrants and asylum seekers arbitrarily detained in this and another detention center and allow them to reach safety in neighboring countries.
"Migrants and asylum seekers have been locked up for nearly two months on the edge of a war zone," said Nadia Hardman, refugee and migrant rights researcher at Human Rights Watch. "Detainees are terrified and in danger, and there is no justification for keeping them in immigration detention."
In mid-April 2022, Human Rights Watch interviewed two men by telephone who are being held in the Temporary Holding Center for Foreigners and Stateless People in Mykolaiv region, close to frontline hostilities. On April 4, Human Rights Watch had released a report based on interviews with migrants and asylum seekers detained in the Zhuravychi Migrant Accommodation Center in Volyn' oblast, a former military barracks one hour from Lutsk, a city in northwestern Ukraine. Migrants and asylum seekers also remain in detention at the Zhuravychi center.
People interviewed in both centers said that they had been detained in the months prior to the Russian invasion for irregularly trying to cross the border into Poland or for visa irregularities. Whatever the original basis for detaining them, their continued detention is arbitrary and places them at risk of harm from military hostilities, Human Rights Watch said. If they were being detained administratively for the purpose of removal, since Ukraine is not able to deport anyone at this time because of the conflict, the reason for their detention evaporates, and further detention becomes arbitrary.
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Ukraina/ Non-Ukrainians fleeing the war met with detention
Since the outset of the war in Ukraine, nearly 6 million people have fled violence perpetrated by the Russian army. The majority have crossed borders to the EU. While many have been welcomed in neighbouring countries, a number of reports have emerged of differential treatment towards non-Ukrainian nationals escaping the war.
Investigations conducted by Lighthouse Reports with The Independent, Der Spiegel, Radio France, and Médiapart, revealed that African nationals were detained in Poland and Estonia after fleeing Ukraine. While the total number is unknown, Polish police confirmed on March 15 that at least 52 third-country nationals were detained after crossing the border from Ukraine to Poland.
People apprehended at the border were denied legal aid and interpreters, and were left with no information on the circumstances of their detention. For instance, the Polish Border Guard detained a Nigerian student who was forced to sign a document written in Polish, without any appropriate translation, under the threat of five months in jail should he refuse to sign. When the student went to court, he wasn't provided with an interpreter, and eventually found himself in an immigration detention center.
Many other students from Cameroon, Ghana, the Ivory Coast, and other African nations also ended up in detention centres. None of them had access to information, they all had their phones confiscated and very limited access to the Internet.
A student from Nigeria experienced similar treatment in Estonia. The officers claimed that he did not have the right to enter the country and threatened him with a five-year entry ban to the whole Schengen territory.
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Egypten/ Black box Egypt: opaque detention and deportation practice against refugees
Research by Sofian Philip Naceur/RLS
In blatant violation of international refugee and human rights conventions, Egyptian authorities continue their crackdown against refugees and people on the move. While deportations of Eritrean nationals have apparently been expanded significantly since 2021, countless people on the move are currently detained in Egypt in disastrous conditions and without access to legal counsel. The regime now responds to an EU demand by drafting an asylum law. But by doing so, Cairo also pursues its very own goals.
In November 2021 Ylva Johansson, EU Commissioner for Home Affairs, travelled to Cairo for the third session of the EU-Egypt Migration Dialogue, launched in 2017, to meet with senior government officials. On that occasion, she explicitly praised Egypt's actions against irregular migration, and even labelled the country as "a key partner for the EU". Therefore, Brussels wants to deepen its migration cooperation with Cairo and provide additional financial aid, the Commissioner announced.
Almost simultaneously to Johansson's Cairo visit, Egypt's Ministry of Interior deported seven asylum seekers to the military dictatorship of Eritrea. Western embassies reportedly lobbied behind closed doors for the halting of the deportation. However, neither the EU nor individual European states had publicly addressed this clear violation of the 1951 Geneva Convention, which Egypt is a signatory to.
For years, criticism of Egypt's systematic human rights crimes against its own population has mostly only been voiced behind closed doors by European governments or very quietly. Human rights violations against Egypt-based refugees, however, are barely a matter of concern at a diplomatic level. Cairo has, de facto, a free hand in dealing with refugees. Yet, both Egypt and European states have a vital interest in maintaining and even expanding the border control regime in the region.
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Saudi/ Uyghur child among four 'booked for deportation' to China tonight
Amnesty International has received credible information that Buheliqiemu Abula and her teenage daughter, 13, were made to take tests for Covid-19 today in preparations for their deportation to China. The police told them that they should be prepared to leave the deportation center at 9 pm local time today to board a flight bound for Guangzhou, China.
"Saudi authorities must immediately halt all plans to deport the four Uyghurs - including a 13-year-old girl and her mother - who are at grave risk of being taken to repressive internment camps if sent back to China," said Lynn Maalouf, Amnesty International's Deputy Regional Director for the Middle East and North Africa.
"Forcibly returning these four Uyghur people would be an unconscionable violation of Saudi Arabia's obligations under international law. The Saudi authorities must not even think about sending them to China, where they will be subjected to arbitrary detention, persecution and possibly to torture."
"The world has to react immediately now and stop this deportation in a matter of hours to save the four Uyghurs from this catastrophic deportation. It is crucial that all governments with diplomatic ties to Saudi Arabia step in now to urge the Riyadh authorities to uphold their obligations and stop the deportations."
Under the customary international law principle of non-refoulement and as a State Party to the UN Convention against Torture, Saudi Arabia is obliged not to return anyone to a country where they would face a real risk of torture or other cruel, inhuman or degrading treatment or punishment, persecution or other serious human rights violations.
Background
In June 2021, Amnesty International published a report revealing how hundreds of thousands of Muslim men and women in China's Xinjiang Uyghur Autonomous Region are being subjected to arbitrary mass detention, indoctrination and torture.
Earlier the same year, another piece of Amnesty research described how the children of internment camp detainees are often sent to state-run "orphan camps" where they face indoctrination and are cut off from their parents.
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Ukraina/ Migrants, asylum seekers locked up in Ukraine
Scores of migrants who had been arbitrarily detained in Ukraine remain locked up there and are at heightened risk amid the hostilities, including military activity in the vicinity, Human Rights Watch said today. Ukrainian authorities should immediately release migrants and asylum seekers detained due to their migration status and allow them to reach safety in Poland.
"Migrants and asylum seekers are currently locked up in the middle of a war zone and justifiably terrified," said Nadia Hardman, refugee and migrant rights researcher at Human Rights Watch. "There is no excuse, over a month into this conflict, for keeping civilians in immigration detention. They should be immediately released and allowed to seek refuge and safety like all other civilians."
In early March 2022, Human Rights Watch interviewed four men by telephone who are being held in the Zhuravychi Migrant Accommodation Center in Volyn' oblast. The detention site is a former military barracks in a pine forest, one hour from Lutsk, a city in northwestern Ukraine. All interviewees said that they had been detained in the months prior to the Russian invasion for irregularly trying to cross the border into Poland.
The men asked that their nationalities not be disclosed for security reasons but said that people of up to 15 nationalities were being held there, including people from Afghanistan, Algeria, Bangladesh, Cameroon, Ethiopia, Gambia, Ghana, India, Nigeria, Pakistan, and Syria.
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Kanada/ Canada: Jailing immigration detainees infringes on rights
Canada's practice of incarcerating immigration detainees in provincial jails is inconsistent with international human rights standards, and jail conditions potentially breach federal-provincial immigration detention contracts, Human Rights Watch and Amnesty International said today. The groups released a legal memorandum about the practice, today, on Canada's Refugee Rights Day.
The federal-provincial contracts, which are not public but were obtained through access to information requests, obligate the provinces to provide just and humane treatment to immigration detainees in provincial jails and to avoid co-mingling them with people imprisoned under the criminal justice system, Human Rights Watch and Amnesty International said. Conditions in provincial jails are abusive, and these facilities are also inherently punitive and should not be used for immigration detention.
"Canada should get on the path to abolishing immigration detention, and immediately end the incarceration of immigration detainees in provincial jails," said Samer Muscati, acting deputy disability rights director at Human Rights Watch. "The provinces should urgently cancel these detention contracts and stop their complicity in the abuses taking places in their jails."
Every year, Canada incarcerates hundreds of people on immigration-related grounds in dozens of provincial jails across the country, including in maximum-security facilities. People in immigration detention are regularly handcuffed, shackled, restricted to small spaces with rigid routines, and placed under constant surveillance. They are routinely held in the same wings and cells as people held on criminal charges or convictions.
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Egypten/ Eritreans at imminent risk of deportation
The Egyptian authorities must immediately halt all deportations of Eritrean nationals to Eritrea where they would face serious human rights violations including torture, said Amnesty International.
In the past two weeks alone, the Egyptian authorities have deported 31 Eritreans in violation of the prohibition of refoulement under international law. A group of up to 50 people including a baby and three children under seven, detained in the southern city of Aswan are now at imminent risk of deportation. The group has had no access to asylum procedures or the possibility to challenge their expulsion orders.
"These deportations would be a grave breach of Egypt's obligations under international law and must be halted immediately. There is a well-documented pattern of those forcibly returned to Eritrea being interrogated, arbitrarily detained and tortured. Egyptian authorities must grant this group access to asylum procedures, and stop sending people back to danger," said Philip Luther, Research and Advocacy Director for the Middle East and North Africa for Amnesty International.
"We are also calling on Egyptian authorities to put an end to the prolonged arbitrary detention of Eritreans and ensure that, pending their release, current detainees are held in conditions that meet international standards."
Arbitrarily detained Eritreans, including children, are held without charge or trial in cruel and inhuman conditions, and denied access to adequate medical care, items for personal hygiene including sanitary napkins, clothes, and sufficient food.
The authorities also frequently refuse to grant detained Eritreans access to the United Nations High Commissioner for Refugees (UNHCR) thereby obstructing their right to an asylum process.
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USA/ Deported Cameroonian asylum seekers suffer serious harm
Cameroonian authorities subjected dozens of asylum seekers deported by the United States to serious human rights violations between 2019 and 2021, Human Rights Watch said in a report released today.
The 149-page report, "'How Can You Throw Us Back?': Asylum Seekers Abused in the US and Deported to Harm in Cameroon," traces what happened to the estimated 80 to 90 Cameroonians deported from the United States on two flights in October and November 2020, and others deported in 2021 and 2019. People returned to Cameroon faced arbitrary arrest and detention; enforced disappearances; torture, rape, and other violence; extortion; unfair prosecutions; confiscation of their national IDs; harassment; and abuses against their relatives. Many also reported experiencing excessive force, medical neglect, and other mistreatment in Immigration and Customs Enforcement (ICE) custody in the US.
"The US government utterly failed Cameroonians with credible asylum claims by sending them back to harm in the country they fled, as well as mistreating already traumatized people before and during deportation," said Lauren Seibert, refugee and migrant rights researcher at Human Rights Watch. "The Cameroon and US governments need to remedy these abuses, and US authorities should provide opportunities for wrongly deported Cameroonians to return and reapply for asylum."
By returning Cameroonians to face persecution, torture, and other serious harm, the US violated the principle of nonrefoulement, a cornerstone of international refugee and human rights law.
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Egypten/ Egypt: Forced returns of Eritrean asylum seekers
Egyptian authorities are deporting Eritreans seeking asylum, including children, without assessing their asylum claims or other protection needs, Human Rights Watch said today.
On December 24, 2021, Egypt deported 24 Eritrean asylum seekers, including children. UN human rights experts, including the special rapporteurs on Eritrea and on torture, earlier protested the forced return in October and November of 15 Eritreans, including at least 7 asylum seekers, saying that others previously returned had been "tortured, held in extremely punitive conditions and disappeared."
"Egypt should stop forcing Eritreans to return to a country where they face serious risks of arbitrary detention and torture and allow them full access to asylum procedures," said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. "The Egyptian authorities should also immediately halt the immigration detention of children."
As of November 2021, according to UNHCR, the UN refugee agency, Egypt hosted 20,778 UNHCR-registered Eritrean asylum seekers and refugees. There is no data on the number of undocumented Eritrean asylum seekers and migrants in Egypt. Ongoing barriers to asylum in Egypt - arbitrary arrests and detention of asylum seekers, refugees, and other migrants, and the lack of UNHCR access to some detainees - suggest that many other Eritreans in Egypt needing protection face a high risk of deportation. The 24 Eritreans deported on December 24 were not registered with UNHCR.
Egyptian authorities periodically grant UNHCR access to registered asylum seekers and refugees in detention, but they often deny the agency access to detained asylum seekers who are unregistered.
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Saudi/ Returned Tigrayans detained, abused
Saudi Arabia should stop deporting Tigrayan migrants to Ethiopia
Ethiopian authorities have arbitrarily detained, mistreated, and forcibly disappeared thousands of ethnic Tigrayans recently deported from Saudi Arabia, Human Rights Watch said today. Saudi Arabia should stop holding Tigrayans in abhorrent conditions and deporting them to Ethiopia, and instead help the United Nations High Commissioner for Refugees (UNHCR) to provide them with international protection.
Ethiopian authorities have transferred Tigrayan deportees from Saudi Arabia to reception centers in Addis Ababa, Ethiopia's capital, where some were being unlawfully held. The Ethiopian authorities have also apprehended Tigrayan deportees at checkpoints on the roads to Tigray or at the Semera airport in the Afar region and transferred them to detention facilities in Afar or southern Ethiopia.
"Tigrayan migrants who have experienced horrific abuse in Saudi custody are being locked up in detention facilities upon returning to Ethiopia," said Nadia Hardman, refugee and migrant rights researcher at Human Rights Watch. "Saudi Arabia should offer protection to Tigrayans at risk, while Ethiopia should release all arbitrarily detained Tigrayan deportees."
Various factors, including unemployment and other economic difficulties, drought, and human rights abuses, have driven hundreds of thousands of Ethiopians to migrate over the past decade, traveling by boat across the Red Sea and then by land through Yemen to Saudi Arabia.
In January 2021, the Ethiopian government announced it would cooperate in the repatriation of 40,000 of its nationals detained in Saudi Arabia, beginning with a 1,000 a week. Forty percent of the returnees from Saudi Arabia between November 2020 and June 2021 were Tigrayan.
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Internationellt/ Alternatives to Immigration Detention
Pilot programs point way to rights-respecting models
Pilot programs testing alternatives to immigration detention in several countries, including the United States, offer governments models for more humane and rights-respecting approaches, Human Rights Watch said in a report released today.
The 94-page report "Dismantling Detention: International Alternatives to Detaining Immigrants," examines alternatives to detention in six countries: Bulgaria, Cyprus, Spain, the United Kingdom, Canada, and the United States. Human Rights Watch found that alternatives to detention such as case management services, can effectively address government interests in immigration enforcement while protecting migrants' rights and often offering a range of other benefits.
"Detaining people based solely on their immigration status is harmful, expensive, and ineffective as a deterrent," said Jordana Signer, Sandler Fellow in the Refugee and Migrant Rights Division at Human Rights Watch. "Instead of penalizing people who may have fled violence and other injustices, governments should protect their rights and provide them with critical services, such as legal assistance, mental health support, and housing."
Human Rights Watch interviewed 27 people in alternative programs across the six countries as well as service providers, social workers, lawyers, and members of civil society organizations.
Based on the findings, governments should replace immigration detention with community-based case management programs that provide a holistic set of services, including access to legal aid and guidance on securing basic necessities such as housing and employment, Human Rights Watch said. Given the existence of less intrusive alternatives, ankle monitors and other devices that provide continuous location tracking should be banned.
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Libyen/ Unlawful lethal force and mass arrests in unprecedented migrant crackdown
Libyan security forces and militias in Tripoli have used unlawful lethal force and other violence in an unprecedented roundup of over 5,000 men, women and children from Sub-Saharan Africa and are holding them in horrid conditions where torture and sexual abuse are rampant, said Amnesty International.
On 1 October, armed men from militias and security forces affiliated with Libya's Interior Ministry violently broke into homes and temporary shelters in the Gargaresh area in Tripoli, home to a sizable population of refugees and migrants, firing rounds of live ammunition, damaging belongings and stealing valuables. Terrified migrants and refugees, including several registered with the United Nations High Commissioner for Refugees (UNHCR), were then transferred to detention centres in Tripoli, where they are denied regular and confidential access to UNHCR and other humanitarian agencies and subjected to torture and other ill-treatment.
"Libyan forces have a harrowing record of subjecting refugees and migrants to unimaginable horrors with impunity. Using unlawful lethal force to capture thousands of unarmed men, women and children solely on the basis of their race is a new low and lays bare the authorities' utter disregard for the lives and dignity of refugees and migrants," said Diana Eltahawy, Deputy Director for the Middle East and North Africa at Amnesty International.
"We urge the Libyan authorities to immediately release all those arbitrarily detained solely on the basis of their migration status and to launch investigations into all incidents of unlawful use of force, torture and sexual violence. In the interim, authorities should ensure that those in detention are treated humanely, held in conditions that meet international standards and granted unimpeded access to UNHCR and other humanitarian actors without delay."
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SvT Utrikes 21-10-09: Sex ihjälskjutna i migrantförvar i Libyen (Extern länk)
Kanada/ Canada: Abuse, Discrimination in Immigration Detention
Canada incarcerates thousands of people, including those with disabilities, on immigration-related grounds every year in often abusive conditions, Human Rights Watch and Amnesty International said today in a joint report ahead of World Refugee Day on June 20.
The 100-page report, "'I Didn't Feel Like a Human in There': Immigration Detention in Canada and Its Impact on Mental Health," documents how people in immigration detention, including those fleeing persecution and seeking protection in Canada, are regularly handcuffed, shackled, and held with little to no contact with the outside world. With no set release date, they can be held for months or years. Many are held in provincial jails with the regular jail population and are often subjected to solitary confinement. Those with psychosocial disabilities - or mental health conditions - experience discrimination throughout the process.
"Canada's abusive immigration detention system is in stark contrast to the rich diversity and the values of equality and justice that Canada is known for globally," said Ketty Nivyabandi, secretary general of Amnesty International Canada. "Amnesty International and Human Rights Watch call on the Canadian authorities to end the inhumane treatment of people in the immigration and refugee protection system by gradually ending immigration detention in Canada."
The research included 90 interviews with former immigration detainees and their relatives, mental health experts, academics, lawyers, civil society representatives, and government officials. Researchers also reviewed relevant reports and UN documents, as well as unpublished government documents obtained through 112 access to information requests.
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Human Rights Watch 21-07-04: For Canada's immigration detainees with disabilities, even fewer rights are afforded (Extern länk)
Bangladesh/ UN Shared Rohingya Data Without Informed Consent
Bangladesh Provided Myanmar Information that Refugee Agency Collected
The United Nations refugee agency improperly collected and shared personal information from ethnic Rohingya refugees with Bangladesh, which shared it with Myanmar to verify people for possible repatriation, Human Rights Watch said today. The agency did not conduct a full data impact assessment, as its policies require, and in some cases failed to obtain refugees' informed consent to share their data with Myanmar, the country they had fled.
Since 2018 the UN High Commissioner for Refugees (UNHCR) has registered hundreds of thousands of Rohingya refugees in Bangladeshi camps and the Bangladesh government has issued them identity cards, which are needed for essential aid and services. Bangladesh then used the information, including analog photographs, thumbprint images, and other biographic data to submit refugee details to the Myanmar government for possible repatriation.
"The UN refugee agency's data collection practices with Rohingya in Bangladesh were contrary to the agency's own policies and exposed refugees to further risk," said Lama Fakih, crisis and conflict director at Human Rights Watch. "UNHCR should only allow data that it collects to be shared with countries of origin when it has properly obtained free and informed consent from participants."
Since 2016, over 800,000 Rohingya from Myanmar were expelled or fled crimes against humanity and acts of genocide across the border to Bangladesh. The Myanmar government continues to carry out the crimes against humanity of apartheid and persecution against the remaining Rohingya population.
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Zeeland/ Please take me to a safe place: The imprisonment of asylum seekers
This research report highlights the experiences of refugees and asylum seekers sent to New Zealand's prisons whilst their asylum claims are being processed. Asylum seekers described ill treatment in prison from other criminal detainees and lack of due process in considering their claims. The New Zealand government must end harmful detention practices, in particular placing immigration detainees in prisons which is a clear violation of international human rights law.
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Jordanien/ Jordan: Yemeni asylum seekers deported
Jordanian authorities have deported at least four Yemeni asylum seekers registered with the United Nations High Commissioner for Refugees (UNHCR) and have issued deportation orders against others who made asylum claims, Human Rights Watch said today. The authorities handed down most of the deportation orders after the Yemenis attempted to apply for work permits and regularize their immigration status in the country.
As of March 16, 2021, Jordan hosted 13,843 Yemeni refugees and asylum seekers, according to the United Nations High Commissioner for Refugees (UNHCR). Since January 2019, a Jordanian regulation has effectively prevented UNHCR from recognizing anyone but Syrians as refugees, leaving many without access to humanitarian services and at risk of deportation.
"Jordan's reputation for welcoming refugees is tarnished if it sends people back who are at serious risk of harm in their home countries," said Michael Page, deputy Middle East director at Human Rights Watch. "Jordanian authorities need to match words with deeds by allowing individuals to safely make asylum claims and get services available to other refugee groups such as work permits."
Human Rights Watch interviewed 13 Yemeni asylum seekers and refugees between late January and mid-March, including 4 deported to Yemen since November 2020 and 8 in Jordan who face deportation orders, which can be enforced at any moment. Eight said the deportation decisions were handed down after they applied to the Interior Ministry for work permit approvals.
Human Rights Watch also spoke in February with a Yemeni refugee who volunteers to help detained asylum seekers obtain legal aid. The volunteer said that detentions, deportation decisions, and actual deportations have all increased since mid-2020. The volunteer said that prior to mid-2020, the authorities usually did not require Yemenis to drop their refugee or asylum seeker status to obtain a work permit.
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Malaysia/ Deportation to Myanmar puts lives in danger
Amnesty International Malaysia is aghast at the Malaysian government's planned efforts with the Myanmar military to deport 1,200 people back to Myanmar on 23 February 2021.
Mass deportation exercises carried out with little transparency contravenes Malaysia's obligations to respect and protect the rights of migrants and refugees, and risks endangering their lives. Widespread crackdown on dissidents following the military coup in Myanmar on 1 February puts those due to be deported at further risk of human rights violations.
"The Malaysian Immigration authorities claim their 'repatriation program' does not involve refugees or asylum seekers, but how have they determined this if the UN has been prevented from accessing people in immigration detention for over one and a half years?," asked Katrina Jorene Maliamauv, Executive Director of Amnesty International Malaysia.
"The Malaysian government is recklessly imperilling the lives of over 1,000 Myanmar people by deporting them under a curtain of secrecy to a country in the middle of a coup marred by human rights violations."
The Malaysian government has not permitted the United Nations High Commission for Refugees (UNHCR) to access immigration detention centres since August 2019. The international body has not been able to visit detention centres to identify asylum seekers and refugees, and facilitate their release, leaving them to languish in captivity. The arbitrary and indefinite detention of migrants, asylum seekers and refugees is in violation of international human rights law.
"The Malaysian government must ensure there is a guarantee of safety for returnees," said Katrina.
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Malaysia/ Deportation to Myanmar puts lives in danger
Amnesty International Malaysia is aghast at the Malaysian government's planned efforts with the Myanmar military to deport 1,200 people back to Myanmar on 23 February 2021.
Mass deportation exercises carried out with little transparency contravenes Malaysia's obligations to respect and protect the rights of migrants and refugees, and risks endangering their lives. Widespread crackdown on dissidents following the military coup in Myanmar on 1 February puts those due to be deported at further risk of human rights violations.
"The Malaysian Immigration authorities claim their 'repatriation program' does not involve refugees or asylum seekers, but how have they determined this if the UN has been prevented from accessing people in immigration detention for over one and a half years?," asked Katrina Jorene Maliamauv, Executive Director of Amnesty International Malaysia.
"The Malaysian government is recklessly imperilling the lives of over 1,000 Myanmar people by deporting them under a curtain of secrecy to a country in the middle of a coup marred by human rights violations."
The Malaysian government has not permitted the United Nations High Commission for Refugees (UNHCR) to access immigration detention centres since August 2019. The international body has not been able to visit detention centres to identify asylum seekers and refugees, and facilitate their release, leaving them to languish in captivity. The arbitrary and indefinite detention of migrants, asylum seekers and refugees is in violation of international human rights law.
"The Malaysian government must ensure there is a guarantee of safety for returnees," said Katrina.
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OHCHR News 21-02-24: UN experts appalled by deportation of migrants to Myanmar despite court order (Extern länk)
Reuters 21-02-20: UN, U.S. voice concern as Myanmar ships arrive to pick up detainees (Extern länk)
USA/ Praying for Hand Soap and Masks
By Katherine Peeler, MD, Harvard, Parsa Erfani, Caroline H. Lee, Nishant Uppal
Health and Human Rights Violations in U.S. Immigration Detention during the COVID-19 Pandemic
Physical and psychological abuse and inadequate medical care have long been documented in U.S. Immigration and Customs Enforcement (ICE) facilities, where previous infectious disease outbreaks were poorly contained. In 2020, as the COVID-19 pandemic spread across the United States, it became clear that ICE's continued negligence, coupled with the vast expansion of U.S. immigration detention, would likely lead to a public health disaster.
Given the lack of transparent data and the severe health risks in congregate settings caused by the pandemic, Physicians for Human Rights (PHR) staff and Harvard Medical School faculty and students sought to document conditions experienced by people recently released from U.S. immigration detention.
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Information reported by the interviewees uncovered significant shortcomings in ICE's response to the virus. Staff efforts to inform people about COVID-19 were limited and inconsistent. The vast majority of respondents (85 percent) first heard about COVID-19 in detention by watching the news on television, while ICE staff in some facilities attempted to downplay the significance of COVID-19 and actively prevented people from learning about the virus from the news by asking them to change the television channel.
Nearly all immigrants interviewed were unable to maintain social distance throughout the detention center.
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Saudiarabien/ Migrants held in inhuman, degrading conditions
Detained migrants allege torture, killing in detention, fears of Covid-19
A deportation center in Riyadh is holding hundreds of mostly Ethiopian migrant workers in conditions so degrading that they amount to ill-treatment, Human Rights Watch said today. Detainees alleged to Human Rights Watch that they are held in extremely overcrowded rooms for extended periods, and that guards have tortured and beaten them with rubber-coated metal rods, leading to at least three allegations of deaths in custody between October and November. The Saudi authorities should immediately release the most vulnerable detainees and ensure that detention is only used as an exceptional measure of last resort. It should immediately end any torture and other ill-treatment, and ensure that detention conditions meet international standards.
"Saudi Arabia, one of the world's richest countries, has no excuse for detaining migrant workers in appalling conditions, in the middle of a health pandemic, for months on end," said Nadia Hardman, refugee and migrant rights researcher at Human Rights Watch. "Video footage of people crammed together, allegations of torture, and unlawful killings are shocking, as is the apparent unwillingness of the authorities to do anything to investigate conditions of abuse and hold those responsible to account."
In November 2020 Human Rights Watch spoke by telephone with seven Ethiopian migrants detained in a deportation center in Riyadh, and with two Indian men who were detained in the same facility before they were deported. The majority of detainees were arrested and detained by the authorities because they did not hold valid residency permits.
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Kanada/ "No Justice, No Truth" for Canada's Immigration Detainees
"The reason I came [to Canada] is to seek refuge, but the punishment I got for that - I never experienced that anywhere else," Ebrahim Toure testified on November 16th from the Toronto Immigration Holding Centre at his detention review hearing, which we monitored on behalf of Human Rights Watch and Amnesty International.
Over his 10 years in Canada, Toure unsuccessfully applied for asylum and sat through approximately 70 detention review hearings, where the Canada Border Services Agency (CBSA) argued he should be incarcerated, claiming he is unlikely to show up to be deported. Toure spent five and a half years in immigration detention - between 2013 and 2018 - mostly in a maximum-security jail, despite never being charged with a crime in Canada, while CBSA tried to obtain identity documents necessary to deport him.
CBSA officers have enormous discretion to exercise one of the most invasive acts a government can take against individuals: depriving them of their liberty. Canada remains one of only a few countries without a cap on the length of immigration detention. This immense power creates the conditions for serious human rights violations, including arbitrary and indefinite detention.
Despite Canada's international reputation as a safe haven, Toure's case is egregious but not unique. His case highlights grave injustices that persist through a culture of impunity and disregard for basic legal standards within Canada's immigration detention system.
Toure lived in both the Gambia and Guinea as a child, but does not know where he was born. Neither country had acknowledged his citizenship. At the latest hearing he testified that, while he was in jail years ago, a CBSA officer warned that if he ever wanted to "make it out of jail," he should say he is from the Gambia: "So I said I'm from the Gambia."
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Algeriet/ Migrants, asylum seekers forced out
Thousands, including children, expelled to Niger without due process
Algerian authorities expelled thousands of migrants and asylum seekers to Niger during waves of roundups of mostly sub-Saharan Africans across at least nine cities in recent weeks, Human Rights Watch said today. Security personnel have separated children from their families during mass arrests, stripped migrants and asylum seekers of their belongings, and failed to allow them to challenge their removal or screen them for refugee status. Scores of asylum seekers registered with the United Nations refugee agency, UNHCR, are among those arrested, with several already expelled.
Since early September, Algeria has expelled over 3,400 migrants of at least 20 nationalities to Niger, including 430 children and 240 women, according to humanitarian organizations in Niger. This brings the number of people summarily expelled to Niger this year to over 16,000 - a little over half of them Nigerien. Algerian authorities crammed most Nigeriens into trucks or buses and handed them over to Niger's army, in what are termed "official" repatriation convoys; others, in convoys of mixed nationalities, were left in the desert near the border.
"Algeria is entitled to protect its borders, but not to arbitrarily detain and collectively expel migrants, including children and asylum seekers, without a trace of due process," said Lauren Seibert, refugee and migrant rights researcher at Human Rights Watch. "Before moving to deport anyone, authorities should verify their immigration or asylum status individually and ensure individual court reviews."
The recent roundups and expulsions mark the sharpest spike in these operations since the start of the Covid-19 pandemic in March. However, Algeria had never fully stopped expelling migrants to Niger, even after official closures of the borders in March, migrants and aid workers said.
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Saudiarabien/ Urgent action needed to address conditions in detention
The International Organization for Migration (IOM) is alarmed by the deteriorating situation of Ethiopian migrants detained by authorities in the Kingdom of Saudi Arabia, in what media reports present as inhumane conditions. Footage and pleas for help have been shared widely in the public domain recently, indicating overcrowding, lack of basic humanitarian items and poor health and sanitation conditions.
Situations of vulnerability for many migrants, especially those detained, have increased greatly with the sudden onset of COVID-19 in early 2020, including widespread reports of discrimination, xenophobia and the growing risks of human trafficking and exploitation. IOM has called on all states to ensure the inclusion of migrants, regardless of their status, in all public health responses.
IOM and the UN Network on Migration have also called for a moratorium on forced returns and the use of immigration detention in the context of COVID-19, recommending instead the scaling up and implementation of non-custodial and community-based alternatives, in a manner that prioritizes children, families and other migrants in vulnerable situations. We cannot stress enough the importance of considering detention only as a very last resort, and of improving conditions in immigration detention while states transition away from the current approach towards more rights-based and humane alternatives and systems for migration management.
IOM also promotes alternative measures, including assisted voluntary return and reintegration support for those wishing to go home or humanitarian and socio-economic assistance in situ, with a view to ensuring safe conditions for people on the move, and protection for the most vulnerable - including victims of trafficking, exploitation and abuse, and unaccompanied and separated children.
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Jordanien/ Stop forcible transfer of Syrian refugees to a no-man's land in the desert
The informal Rukban camp is located in an isolated and inhospitable border area known as "the berm". Its 10,000 residents lack access to sufficient and affordable food, clean water, medical care and sanitation. These conditions led one family who had been transferred by the Jordanian authorities to return to Syria in desperation. And one 21-year old refugee removed from Jordan was forcibly transferred from the berm to an area controlled by the Syrian government.
"Forcibly detaining and transferring refugees is a clear violation of their rights to liberty and to freedom of movement, and sending them to the berm violates their rights to an adequate standard of living and to health. The conditions in the informal camp in Rukban are so dire that some refugees sent there have even opted to return to Syria, where their lives are at risk," said Marie Forestier, Amnesty International's Researcher on Refugee and Migrant Rights.
"We are urging the authorities in Jordan to put an end to forcible transfers immediately. They must ensure that all those transferred are allowed to re-enter Jordan safely. They also must ensure that all the camp's residents have access to essential goods and services, including by urgently permitting unrestricted access to humanitarian aid."
Amnesty International spoke with two men who were deported to the camp along with their families, as well as two camp community leaders, a nurse, a female patient and a staff member at an international humanitarian organization.
Forced transfer without notification or reason
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ECRE 20-09-25: Syrian refugees deported to informal camp at the border and fear of a COVID outbreak in Za'atari and Azraq (Extern länk)
Trinidad and Tobago/ Deportation of 165 Venezuelans violates international law
In response to reports that Trinidad and Tobago's authorities have deported at least 165 Venezuelans in recent weeks, Louise Tillotson, Caribbean researcher at Amnesty International, said:
"It's no secret that Trinidad and Tobago's authorities criminalize irregular entry, contrary to international human rights standards. But to deport Venezuelan refugees back to the human rights and humanitarian emergency that they were fleeing, in the middle of a pandemic, is an outrageous violation of the obligations that Trinidad and Tobago has committed to under international law. No one should be forced back to a place where they are at risk of serious human rights violations."
"Amnesty International understands that COVID-19 presents governments with a major challenge and they can regulate their borders in this context. But the authorities of Trinidad and Tobago are pushing a xenophobic narrative, which associates people fleeing Venezuela with the COVID-19 virus in a way that risks further stigmatizing and discriminating against people in need of international protection. Instead of using the criminal law to punish people forced to leave everything behind - which also risks pushing people further underground and away from health service - the authorities should work with NGOs, UN agencies and the tens of thousands of Venezuelans who have made Trinidad and Tobago their home in recent years to find solutions that uphold Trinidad and Tobago's international human rights obligations."
During July, the media repeatedly reported that the authorities in Trinidad and Tobago have arrested and quarantined Venezuelans.
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Libyen/ First voluntary return charter in 5 months assists over 100 Ghanaian migrants
One hundred and eighteen Ghanaian migrants stranded in Libya due to COVID-19 restrictions boarded a flight home yesterday, IOM's first Voluntary Humanitarian Return Programme movement since a temporary hold began five months ago.
Among those aboard Thursday's charter to Accra were seven women, three children and two infants.
All were medically screened by IOM prior to departure and received personal protective equipment like masks, gloves and hand sanitizers, and psychosocial assistance. The Organization will continue to provide support during a 14-day quarantine period in Ghana and later, reintegration assistance.
"To pay the tuition fees for my children back home in Ghana, I came to Libya and worked to raise enough money," said Rogerson Babatagre, 47, a construction worker who was seriously injured in a traffic accident.
"As I can no longer work like before, I decided to return to my country regardless of the fact that I did not earn enough money for my children's tuition fees. But that is life. Now I'm very happy that I will see my family after seven years. It was very hard to stay far from them under this situation."
COVID-19 has added a whole new layer of complexity to the VHR, a critical lifeline for migrants wishing to return home since flighs began in 2015 says programme manager Ashraf Hassan.
In the face of sweeping COVID-19 mobility restrictions and intensified conflict in Libya, IOM has received many new requests for VHR assistance. More than 2,300 migrants have registered for voluntary return to their countries of origin since March.
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UNHCR stresses need to end unlawful detention, amidst pandemic
UNHCR, the UN Refugee Agency, is calling today on States to urgently release refugees and asylum-seekers who are being unlawfully and arbitrarily held in detention. States must act to ensure their actions are in line with international law and that amidst the ongoing Coronavirus pandemic, vulnerable refugees are not being placed at heightened, unnecessary risk.
"Refugees fleeing war and persecution should not be punished or criminalized simply for exercising their fundamental human right to seek asylum," said Gillian Triggs, UN Assistant High Commissioner for Refugees for Protection. "Measures to tackle COVID19 do not justify arbitrarily detaining them on arrival, which not only worsens the misery of people who have already suffered, but also undermines efforts to limit the spread of the virus."
As part of its role on the Executive Committee of the UN Network on Migration, and as co-lead for the Alternatives to Detention Working Group, UNHCR echoes the Network's call on States to reaffirm their commitment to adopting a human rights-based approach to the detention of newly arriving refugees and migrants and to prioritize non-custodial alternatives.
UNHCR welcomes the positive efforts that have been made by a number of States, which have released refugees and asylum-seekers from detention during the pandemic. Such efforts prove the viability of community-based alternatives and provide a blueprint for developing new, long-term, rights-based approaches to receiving refugees and asylum-seekers.
Suitable approaches will vary depending on the context but may include, amongst others, the deposit or surrender of documentation; reasonable and proportionate reporting conditions; residence at a specific location; residence at open or semi-open asylum centres or community supervision arrangements.
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Amnesty International 20-07-20: Malaysia/ Stop plans to cane Rohingya refugees and release those already imprisoned (Extern länk)
Malaysia/ Stop plans to cane Rohingya refugees and release those already imprisoned
The Malaysian authorities must immediately abandon plans to whip at least 20 Rohingya men who are being punished simply for trying to seek safety. The government should release all other jailed Rohingya refugees - including women and children - who have been unlawfully singled out, convicted and imprisoned for alleged "immigration offences," which are contrary to international law, Amnesty International said today.
A Malaysian court has the authority to strike out a caning sentence against the Rohingya men in the coming days. The men, who were allowed to disembark from a boat along with hundreds of other people off the country's coast in April, are part of a group of 31 Rohingya men convicted of so-called "offences" under the Immigration Act 1959/63 in June. All 31 men were sentenced to seven months in prison, with at least 20 of the group sentenced to three strokes of the cane.
"The plan to viciously beat Rohingya refugees is not only cruel and inhuman - it's unlawful under international standards. To inflict such a violent punishment as judicial caning amounts to torture," said Rachel Chhoa-Howard, Malaysia Researcher at Amnesty International.
"The men who face violent lashings on top of jail terms have already fled persecution and crimes against humanity in Myanmar. They also survived a dangerous journey at sea to Malaysia in search of safety. The inhumanity of this approach is atrocious."
Together with the men, nine women were also convicted to seven months jail on similar charges of entering and staying in Malaysia without a valid work permit. Fourteen children have been charged, and are also facing jail terms. Malaysia's Immigration Act imposes six strokes of the cane, fines and up to five years' imprisonment for people who are deemed to be in Malaysia irregularly. Amnesty International understands that the hundreds of others who disembarked from the boat in question are currently being held in immigration detention.
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Amnesty International 20-07-22: Court ruling against whipping must be first step toward protecting Rohingya refugees (Extern länk)
UNHCR 20-07-24: UNHCR stresses need to end unlawful detention, amidst pandemic (Extern länk)
Internationellt/ Forced returns of migrants must be suspended in times of COVID-19
The United Nations Network on Migration is concerned by reports of States in many regions using forced return of migrants as a measure in response to COVID-19. The Network calls on States to suspend forced returns during the pandemic, in order to protect the health of migrants and communities, and uphold the human rights of all migrants, regardless of status. Successfully tackling the pandemic cannot be achieved without upholding human rights.
When temporary border closures and movement restrictions are deemed necessary to prevent the transmission of COVID-19, they must be implemented in a way that is non-discriminatory and proportionate to achieving the public health aim pursued. Such closures should incorporate health protocols and processes to guarantee fundamental rights at all times.
Keeping everyone safe means ensuring that no-one faces the risk of refoulement by being returned to places where their life, safety or human rights are threatened. It means that collective expulsions, such as arbitrary pushbacks of migrants and asylum-seekers at borders, must be halted; that protection needs must be individually assessed; and that the rule of law and due process must be observed. It also means prioritizing protection, including every child's best interests. These are obligations in international law that can never be put on hold and are vital to any successful approach to combatting COVID-19 for the benefit of all.
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Internationellt/ Commissioner calls for release of detainees during Covid-19 crisis
Statement by Council of Europe Commissioner for Human Rights, Dunja Mijatovi?
"I call on all Council of Europe member states to review the situation of rejected asylum seekers and irregular migrants in immigration detention, and to release them to the maximum extent possible.
In the face of the global Covid-19 pandemic, many member states have had to suspend forced returns of persons no longer authorised to stay on their territories, including so-called Dublin returns, and it is unclear when these might be resumed. Under human rights law, immigration detention for the purpose of such returns can only be lawful as long as it is feasible that return can indeed take place. This prospect is clearly not in sight in many cases at the moment. Furthermore, immigration detention facilities generally provide poor opportunities for social distancing and other measures to protect against Covid-19 infection for migrants and staff.
Releases have been reported in several member states, including Belgium, Spain, the Netherlands and the United Kingdom, with the latter country having just announced a review of the situation of all those in immigration detention. It is now important that this process continues and that other member states follow suit. The release of the most vulnerable should be prioritised. Since the immigration detention of children, whether unaccompanied or with their families, is never in their best interest, they should be released immediately. The authorities of member states should also refrain from issuing new detention orders to persons who are unlikely to be removed in the near future.
Member states should also ensure that those released from detention are given appropriate access to accommodation and basic services, including health care. This is necessary to safeguard their dignity and also to protect public health in member states.
The release of immigration detainees is only one measure member states can take during the Covid-19 pandemic to protect the rights of persons deprived of their liberty more generally, as well as those of asylum seekers and migrants".
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Se även:
Human Rights Watch 20-03-12: US: COVID-19 threatens people behind bars (Extern länk)
Human Rights Watch 20-03-27: Europe: Curb immigration detention amid pandemic (Extern länk)
Human Rights Watch 20-03-30: Myanmar: Displacement camps are COVID-19 tinderboxes (Extern länk)
Human Rights Watch 20-03-31: Greece: Nearly 2,000 new arrivals detained in overcrowded, mainland camps (Extern länk)
Amnesty International 20-04-07: USA: Amid COVID-19 pandemic, authorities must release immigration detainees (Extern länk)
Kanada/ Immigration detainees in Canada desperate for release, transparency
Some released, remainder face serious risks from COVID-19
On April 1, Canadian authorities released several detainees from the Laval Immigration Holding Centre in Quebec. Some had gone on hunger strike to protest the lack of protection from COVID-19 in detention facilities. "We felt abandoned," one man told Human Rights Watch. "We heard about the new measures that were being taken, like social distancing. But nothing changed for us in detention; it was like those measures were not meant for us, just for Canadians."
Canada's quickened release of some immigration detainees is encouraging, but the seriousness of the situation requires a more systemic approach. As of April 1, 64 detainees remained in Canada's three detention facilities - down from 98 on March 25. Many more immigration detainees - held only on the basis of their immigration status - are in maximum-security jails, where social distancing is even more challenging.
Even under regular circumstances, confinement causes many immigration detainees to develop mental health conditions. They do not have a set release date or access to meaningful mental health care and rehabilitation services, and are under constant threat of deportation. This often compounds existing mental health conditions and prior trauma, particularly for asylum seekers.
But the COVID-19 threat makes the situation worse. In late March, authorities confirmed an employee at the Toronto Immigration Holding Centre tested positive for COVID-19 and had begun to exhibit symptoms. A detainee subsequently released from the same facility also tested positive.
In a March 19 petition, immigration detainees pleaded to be released for fear of contamination from the "security staff who are in contact with the external world every day." Detainees have no control over who enters the space in which they are confined, who touches the utensils they use to eat, or who searches them.
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Amnesty International 20-04-07: USA: Amid COVID-19 pandemic, authorities must release immigration detainees (Extern länk)
USA/ Deported Salvadorans Abused, Killed
The United States government is deporting Salvadorans to face risk of murder and other serious abuse, Human Rights Watch said in a report released today.
The 117-page report, "Deported to Danger: United States Deportation Policies Expose Salvadorans to Death and Abuse," identifies cases of 138 Salvadorans who, since 2013, were killed after deportation from the United States, and more than 70 others who were beaten, sexually assaulted, extorted, or tortured. Perpetrators of these abuses include gangs, former intimate partners, and Salvadoran police or security personnel.
"US authorities have knowingly put Salvadorans in harm's way by sending them to face murder and attacks on their safety," said Alison Parker, managing director of the US Program at Human Rights Watch and co-author of the report. "Salvadorans are facing murder, rape, and other violence after deportation in shockingly high numbers, while the US government narrows Salvadorans' access to asylum and turns a blind eye to the deadly results of its callous policies."
International law binding on the United States prohibits the return of anyone to a country where they face serious risks to their lives or safety. The United States is not solely responsible - Salvadoran gangs and Salvadoran authorities who harm deportees or who do little or nothing to protect them bear direct responsibility - but in many cases the United States is putting Salvadorans in harm's way in circumstances where it knows or should know that harm is likely.
In order to make the United States more capable of responding to the current realities of forced migration, Human Rights Watch calls on the United States to go beyond the narrow reach of its asylum laws by providing broad protection to anyone, like many of the Salvadorans featured in the report, who would face a real risk of serious harm upon return.
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Kazakstan/ Improper Prosecution of Asylum Seekers from China
Men from Xinjiang at Risk of Arrest, Torture
Update: On January 21, 2020, Kaster Musakhanuly and Murager Alimuly were sentenced to one year in prison for illegally crossing the border. The court ruled not to deport them to China, but their lawyer said an asylum request in Kazakhstan is still pending. Due to time already served, they will be eligible for release in six months. As a party to the 1951 Refugee Convention it is a violation of Kazakhstan's treaty obligations (see art.31) to impose penalties on refugees for illegal entry.
(Berlin) - Kazakhstan should not forcibly return two Chinese citizens fleeing ill-treatment in Xinjiang or prosecute them for illegal border crossing while their asylum claims are pending, Human Rights Watch said today.
On January 6, 2020, court hearings against the two ethnic Kazakh men, Kaster Musakhanuly and Murager Alimuly, on charges of illegal border crossing began in the remote eastern town of Zaysan. The hearing was adjourned after only two hours, although dozens of witnesses and supporters had traveled there to testify on their behalf, and the case was postponed to January 21. If returned to China, the men would almost certainly face detention and a real risk of torture.
"The government should immediately drop charges of illegal border crossing, halt these proceedings, and guarantee that these men will not be sent back to China as long as their refugee claims are pending," said Laura Mills, Europe and Central Asia researcher at Human Rights Watch. "Kazakhstan can take this opportunity to demonstrate that, unlike in the past, it is a country that upholds its international legal obligations, respects refugee rights, and won't return people to risk of torture."
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Tanzania/ Tanzania: Burundians Pressured into Leaving
Mounting Intimidation for 163,000 Burundian Refugees and Asylum Seekers
The fear of violence, arrest, and deportation is driving many of the 163,000 Burundian refugees and asylum seekers in Tanzania out of the country. Tanzanian authorities have also made it very difficult for the United Nations refugee agency to properly check whether hundreds of refugees' recent decision to return to Burundi was voluntary.
In October and November 2019, Tanzanian officials specifically targeted parts of the Burundian refugee population whose insecure legal status and lack of access to aid make them particularly vulnerable to coerced return to Burundi. The actions come after the Tanzanian president, John Magufuli, said on October 11 that Burundian refugees should "go home."
"Refugees say police abuses, insecurity in Tanzania's refugee camps, and deportation threats drove them out of the country," said Bill Frelick, refugee rights director at Human Rights Watch. "Tanzania should reverse course before it ends up unlawfully coercing thousands more to leave."
In mid-November, Human Rights Watch interviewed 20 Burundian refugees in Uganda who described the pressure that caused them to leave Tanzania between August 2018 and October 2019. Seven returned to Burundi but said they then fled to Uganda to escape members of the Burundian ruling party's youth league, the Imbonerakure, who threatened, intimidated, or arbitrarily arrested them. Thirteen went directly to Uganda.
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Tanzania/ African leaders should raise concerns about pressure to return to Burundi
Joint Civil Society Statement
Ahead of the African Union (AU) High-Level Dialogue on displacement taking place from 4-6 December in Uganda, African and international NGOs call on African leaders and regional organisations to urge the government of Tanzania to stop pressuring 163,000 refugees and asylum seekers into returning to Burundi, where there are ongoing serious human rights violations against real or perceived opposition supporters, including returning refugees.
Hundreds of thousands of refugees fled Burundi after a political crisis erupted in 2015 and led to political violence and serious human rights violations. Tanzania currently hosts the largest group of those refugees and should be commended for having opened its doors to them.
However, senior Tanzanian government officials have repeatedly pressured Burundian refugees to go back to Burundi. One of these calls came from President John Pombe Magufuli, who said on October 11 that Burundian refugees should "go home." An August 24 agreement between Tanzania and Burundi also says these refugees "are to return to their country of origin whether voluntarily or not" by December 31. To date, around 80,000 have returned with UNHCR's financial and logistical assistance under a September 2017 "voluntary repatriation" agreement between Burundi, Tanzania and the United Nations High Commissioner for Refugees (UNHCR).
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USA/ Drop abusive criminal charges against humanitarian volunteer Scott Warren
The US Department of Justice should immediately drop the spurious criminal charges against humanitarian volunteer Dr Scott Warren in the state of Arizona on the US-Mexico border, said Amnesty International in a letter to US authorities ahead of his retrial next week.
"The Trump administration's second attempt to prosecute Scott Warren is a cynical misuse of the justice system, intended to criminalize compassion and lifesaving humanitarian aid," said Kumi Naidoo, Secretary General of Amnesty International.
"This is a dark hour for the USA when the government is seeking to send a man to prison for 10 years simply for providing food, water and clean clothes to people in need."
"US authorities must stop harassing Dr Warren and other human rights defenders who have simply shown kindness to fellow human beings. The government should instead be working to save lives in a desert where thousands of people have already died in their desperate search for a safer place to call home."
On 12 November 2019, US authorities will prosecute Dr Warren for a second time on charges of "harbouring" two migrants, for providing them with humanitarian assistance in the town of Ajo where he lives. The first trial resulted in a mistrial on 2 July, when eight of 12 jurors sought to acquit him on all charges but could not reach a unanimous decision.
In July, Amnesty International issued a report documenting the Trump administration's misuse of the criminal justice system to threaten, intimidate, and punish those defending the human rights of migrants and asylum seekers on the US-Mexico border. Amnesty International is campaigning globally for the charges against Dr Scott Warren to be dropped.
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Turkiet/ Syrians illegally deported into war ahead of anticipated 'safe zone'
Turkey spent the months leading up to its military incursion into northeast Syria forcibly deporting refugees to the war-torn country, in advance of attempting to create a so-called "safe zone" on the Syrian side of the border, a new Amnesty International report 'Sent to a War Zone: Turkey's Illegal Deportations Of Syrian Refugees' has revealed.
The organization met or spoke with refugees who said Turkish police had beaten or threatened them into signing documents stating they were asking to return to Syria, when in reality Turkey was forcing them back to a war zone and putting their lives in grave danger.
"Turkey's claim that refugees from Syria are choosing to walk straight back into the conflict is dangerous and dishonest. Rather, our research shows that people are being tricked or forced into returning," said Anna Shea, Researcher on Refugee and Migrant Rights at Amnesty International.
"Turkey deserves recognition for hosting more than 3.6 million women, men and children from Syria for over eight years, but it cannot use this generosity as an excuse to flout international and domestic law by deporting people to an active conflict zone."
Without official statistics, estimating the number of forced deportations is difficult. But based on dozens of interviews conducted between July and October 2019 for the report, 'Sent to a war zone: Turkey's illegal deportations of Syrian refugees', Amnesty International estimates that over the past few months the figure is likely in the hundreds. The Turkish authorities claim that a total of 315,000 people have left for Syria on an entirely voluntary basis.
It is illegal to deport people to Syria as it exposes them to a real risk of serious human rights violations.
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Hämta rapporten (Extern länk)
Voice of America 19-10-31: Many Syrian refugees in turkey want to stay, despite Erdogan plan to force their return (Extern länk)
Gerry Simpson, Human Rights Watch i EUobserver 19-11-07: Repatriation' of Syrians in Turkey needs EU action (Extern länk)
Vox 19-11-07: Turkey wants to send Syrian refugees to the new "safe zone." Some refugees are terrified. (Extern länk)
UNHCR 19-11-11: UNHCR and Turkey discuss voluntary repatriation of Syrian refugees (Extern länk)
Shelley Inglis in The Cqnversation 19-10-23: Syrian refugees in Turkey are there to stay, at least for now (Extern länk)
Bangladesh/ Stop extrajudicial executions of refugees and restrictions to movement
Amnesty International is deeply concerned about what appears to be a series of recent extrajudicial executions of Rohingya refugees in Cox's Bazaar refugee camps. Since the killing on 23 August 2019, of a local Bangladeshi youth leader from the ruling political party Awami League, at least seven Rohingya refugees have been killed by Bangladesh police in alleged 'gunfights' in the span of just three weeks. Bangladesh authorities must respect and protect the human rights of Rohingya, including their right to life.
Hämta rapporten (Extern länk)
Turkiet/ Europadomstolen fäller Turkiet för förvar av småbarn i olidliga förhållanden
I en omfattande dom fördömer Europadomstolen än en gång förvarstagande i Turkiet. Ärendet gäller en kvinna från Ryssland som togs i förvar i fyra månader med tre småbarn efter att ha försökt passera gränsen till Syrien olagligt. Hon försökte upprepade gånger vända sig till domstol både för att få förvarsbeslutet prövat och för att påtala förhållandena i förvaret. Svår överbeläggning, smuts och undermålig hygien, löss och andra insekter, brist på utevistelse, brist på barnmat, blöjor och annat som barnen behövde. Barnen fick inte vård när de blev sjuka. Trots att kvinnan hade hjälp av advokat besvarades de flesta inlagorna inte alls och den turkiska konstitutionsdomstolen gav sitt svar tre och ett halvt år senare. Europadomstolen refererar en lång rad tidigare domar och inspektionsrapporter, bland annat från Europarådets kommitté mot tortyr som särskilt kritiserat Turkiet för att inte göra något åt de missförhållanden som påpekats tidigare. Europadomstolen fäller Turkiet för att ha brutit mot Europakonventionens artikel 3 om förbud mot omänsklig eller förnedrande behandling, artikel 13 om rätt till ett effektivt rättsmedel och artikel 5 om rätt till frihet och till domstolsprövning av förvarstagande.
Case of G.B. and Others v. Turkey, Application no. 4633/15 (Extern länk)
Turkiet/ Mass detention following push for return of refugees to "satellite cities"
The Governorate of Istanbul announced on 27 August 2019 that 16,423 persons have been detained in Removal Centres across Turkey as part of a crackdown on refugees residing in Istanbul without being registered there. Of those, 4,500 unregistered Syrian nationals were referred to Temporary Accommodation Centres (camps) in the south-eastern regions of the country.
Under Turkish law, applicants for and holders of international protection, as well as temporary protection beneficiaries, are required to reside in the province in which they were registered. The provinces where registration is available are commonly referred to as "satellite cities". Istanbul is not among the "satellite cities" open to new international protection applicants and has suspended registration of newly arriving Syrian refugees, but remains the province with the highest population of refugees.
Temporary protection holders registered in other provinces and residing in Istanbul were instructed in July to return to their assigned provinces by 20 August 2019. The Ministry of Interior announced that the deadline of 20 August has been extended to 30 October 2019.
The Law on Foreigners and International Protection does not, however, provide for detention of individuals for the purpose of transferring them to their assigned province.
Strong concerns have also been voiced about the link between the operations led in Istanbul and refoulement to Syria, as refugees continue to be reportedly pressured to sign voluntary return documents. UNHCR monitors voluntary returns of Syrian refugees and has observed interviews for a total of 62,594 individuals from 2016 to 30 June 2019. However, persons detained in Removal Centres do not undergo such interviews before returning to Syria.
Artikeln med länkar (Extern länk)
Libyen/ Authorities must immediately halt deportation of Syrian refugees
Responding to an official communication obtained by Amnesty International that the Lebanese authorities forcibly deported almost 2,500 Syrian refugees back to Syria in the past three months, Amnesty International's Middle East Research Director, Lynn Maalouf, said:
"We urge the Lebanese authorities to stop these deportations as a matter of urgency, and the Higher Defense Council to cancel its related decision.
"As long as independent monitoring bodies are not allowed access to Syria - including the UN Commission of Inquiry on Syria - in order to assess the security situation for the safe return of refugees, there is no way of determining whether returnees would be at real risk of serious human rights violations once back in Syria.
"Such access and monitoring mechanism inside Syria would be a first step in setting the process for returns. In the meantime, while risks upon return cannot be determined, any attempts to forcibly return refugees is a clear violation of Lebanon's non-refoulement obligations.
"We reiterate our call to the international community to share the responsibility for refugees with host countries, including Lebanon, mainly by re-activating their resettlement programs and by using their leverage to call for access to independent monitors in Syria."
Background
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Turkiet/ Turkey forcibly returning Syrians to danger
Authorities detain, coerce Syrians to sign "voluntary return" forms
Turkish authorities are detaining and coercing Syrians into signing forms saying they want to return to Syria and then forcibly returning them there, Human Rights Watch said today. On July 24, 2019, Interior Minister Süleyman Soylu denied that Turkey had "deported" Syrians but said that Syrians "who voluntarily want to go back to Syria" can benefit from procedures allowing them to return to "safe areas."
Almost 10 days after the first reports of increased police spot-checks of Syrians' registration documents in Istanbul and forced returns of Syrians from the city, the office of the provincial governor released a July 22 statement saying that Syrians registered in one of the country's other provinces must return there by August 20, and that the Interior Ministry would send unregistered Syrians to provinces other than Istanbul for registration. The statement comes amid rising xenophobic sentiment across the political spectrum against Syrian and other refugees in Turkey.
"Turkey claims it helps Syrians voluntarily return to their country, but threatening to lock them up until they agree to return, forcing them to sign forms, and dumping them in a war zone is neither voluntary nor legal," said Gerry Simpson, associate Emergencies director. "Turkey should be commended for hosting record numbers of Syrian refugees, but unlawful deportations are not the way forward."
Turkey shelters a little over 3.6 million Syrian Refugees countrywide who have been given temporary protection, half a million of them in Istanbul. This is more refugees than any other country in the world and almost four times as many as the whole European Union (EU).
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BBC 19-08-20: Syrian migrants in Turkey face deadline to leave Istanbul (Extern länk)
Jemen, Saudiarabien/ Ethiopians abused on Gulf migration route
Ethiopians undertaking the perilous journey by boat across the Red Sea or Gulf of Aden face exploitation and torture in Yemen by a network of trafficking groups, Human Rights Watch said today. They also encounter abusive prison conditions in Saudi Arabia before being summarily forcibly deported back to Addis Ababa. Authorities in Ethiopia, Yemen, and Saudi Arabia have taken few if any measures to curb the violence migrants face, to put in place asylum procedures, or to check abuses perpetrated by their own security forces.
A combination of factors, including unemployment and other economic difficulties, drought, and human rights abuses have driven hundreds of thousands of Ethiopians to migrate over the past decade, traveling by boat over the Red Sea and then by land through Yemen to Saudi Arabia. Saudi Arabia and neighboring Gulf states are favored destinations because of the availability of employment. Most travel irregularly and do not have legal status once they reach Saudi Arabia.
"Many Ethiopians who hoped for a better life in Saudi Arabia face unspeakable dangers along the journey, including death at sea, torture, and all manners of abuses," said Felix Horne, senior Africa researcher at Human Rights Watch. "The Ethiopian government, with the support of its international partners, should support people who arrive back in Ethiopia with nothing but the clothes on their back and nowhere to turn for help."
Human Rights Watch interviewed 12 Ethiopians in Addis Ababa who had been deported from Saudi Arabia between December 2018 and May 2019. Human Rights Watch also interviewed humanitarian workers and diplomats working on Ethiopia migration-related issues.
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Turkiet/ Suspension of EU-Turkey Deal and Mass Deportations from Turkey
Suspension of the EU-Turkey Deal
Turkey announced that the EU-Turkey Deal has been suspended. Foreign Minister Mevlüt Įavusoglu explained on Monday 22nd in a TV-interview: "We will not wait at the EU's door. The readmission agreement and visa-free deal will be put into effect at the same time".
The visa liberalisation for Turkish citizen in the EU was part of the initial EU-Turkey statement from March 18, 2016 where it was agreed: "The fulfilment of the visa liberalisation roadmap will be accelerated vis-ā-vis all participating Member States with a view to lifting the visa requirements for Turkish citizens at the latest by the end of June 2016, provided that all benchmarks have been met."
It is not the first time that Turkey puts pressure on the EU and Greece using the readmission scheme for bargaining. In June 2018, Mevlüt Įavusoglu declared to have suspended the bilateral migrant readmission agreement with Greece - another deportation agreement - in response to a Greek court's decision to release eight soldiers, who had fled Turkey in July 2016 after the coup attempt, instead of extraditing them to Turkey.
Since the EU-Turkey Deal came into force, 2,492 people have been deported from Greece to Turkey (2,406 people until end of 2018 and 86 people in 2019). Deportation Monitoring Aegean witnessed the last deportation on July 11th - an indication that the deportations have now been suspended in practice.
Arrests and Mass Deportations in Turkey
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USA/ Authorities are misusing justice to harass migrant human rights defenders
Since 2018, the US government has conducted an unlawful and discriminatory campaign of intimidation, threats, harassment, and criminal investigations against people who defend the human rights of migrants, refugees and asylum seekers on the US-Mexico border, Amnesty International said in a new report released today.
'Saving lives is not a crime': Politically motivated legal harassment of migrant human rights defenders by the USA reveals how the Department of Homeland Security (DHS) and the Department of Justice (DOJ) have increasingly misused the criminal justice system to deter activists, lawyers, journalists, and humanitarian volunteers from challenging - or simply documenting - the systematic human rights violations that US authorities have committed against migrants and asylum seekers.
"The Trump administration's targeting of human rights defenders through discriminatory misuse of the criminal justice system sets it on a slippery slope toward authoritarianism. The US government is disgracing itself by threatening and even prosecuting its own citizens for their vital work to save the lives of people in a desperate situation at the border," said Erika Guevara-Rosas, Americas director at Amnesty International..
The US government has inappropriately investigated human rights defenders for alleged crimes including human smuggling, based on their humanitarian and human rights-related activities, and their expression of political or other opinions. While the most sweeping investigations targeted human rights defenders supporting a large caravan of migrants and asylum seekers in November 2018, authorities have continued to target those and other defenders since then, including simply for helping asylum seekers to know their rights and request protection at an official port of entry.
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Libanon/ Wave of hostility exposes hollowness of claims Syrian returns are voluntary
An attack which forced hundreds of Syrian refugees to leave Deir al-Ahmar, an informal camp in the Bekaa valley, last week is a clear example of the escalating hostility which is driving many refugees to leave Lebanon and return to Syria despite ongoing violations of international humanitarian law there, Amnesty International said today.
Since July 2018 the Lebanese authorities have been arranging returns of refugees to Syria, claiming these returns are wholly voluntary. However, Amnesty International's analysis shows that people are being pushed back to Syria through a combination of restrictive government policies, dire humanitarian conditions and rampant discrimination.
"Life for many Syrian refugees in Lebanon is marked by fear, constant intimidation and feelings of hopelessness. Despite the Lebanese government's claims that returns to Syria are voluntary, incidents like the attack on Deir al-Ahmar show that life is becoming intolerable for refugees, leaving many with no choice but to return to Syria," said Lynn Maalouf, Amnesty International's Middle East Research Director.
The organization has researched how unlawful evictions, curfews, constant raids on refugee camps and mass arrests are making life unbearable for many refugees in Lebanon, forcing many to return to Syria despite the ongoing dangers.
"By failing to ensure refugees are protected from attacks, harassment or intimidation and imposing unfair and restrictive policies that make their lives more difficult, the Lebanese authorities are fuelling an environment that effectively coerces refugees to return to Syria, where they could be at risk of interrogation on arrival, torture, enforced disappearance and other violations and abuses," said Lynn Maalouf.
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Mexiko/ Child death in migration custody suggests eerie parallels with US policy
The first known death of a child detained by Mexican migration authorities under the current presidential administration is a sickening tragedy that demands answers from a government that promised to be more humane to migrants and refugees, said Amnesty International today.
"At a time when children are dying in United States migration custody on the other side of the border, President Lķpez Obrador's government is overseeing a crackdown on migrants and refugees that is resulting in the careless treatment of human lives. This suggests an alarming parallel with the current approach of the Trump government," said Erika Guevara-Rosas, Americas director at Amnesty International.
On 16 May, Mexico's National Migration Institute (INM) announced that a 10-year-old Guatemalan girl died in hospital, where she was transferred after arriving at Mexico City's migration detention centre in the company of her mother two days earlier, complaining of a sore throat. INM had brought her back from the northern border state of Chihuahua via bus, a trip of nearly 20 hours.
Amnesty International has documented at length the grave risks migrants and asylum-seekers are already facing along the US-Mexico border due to the policies of the US and the acquiescence of Mexico. For its part, on 29 January, the US government commenced the "Remain in Mexico" policy, also known as the "migrant protection protocols", under which US authorities have forcibly returned thousands of asylum seekers to Mexico while they await the final adjudication of their asylum claims in the USA. This policy violates international refugee law. The Mexican government did not refuse to cooperate with this policy.
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Libanon/ Syrians summarily deported from airport
Forced to sign "voluntary" return forms; Risk of serious harm
Lebanon summarily deported at least 16 Syrians, some of them registered refugees, on April 26, 2019 after they arrived at the Beirut airport, Human Rights Watch, the Lebanese Center for Human Rights (CLDH), Legal Agenda, Frontiers Rights, and the Access Center for Human Rights said today.
At least 5 of the 16 had registered with the United Nations refugee agency (UNHCR), and at least 13 expressed their fears of torture or persecution if returned to Syria. Despite this, the Syrians were not given a meaningful chance to seek asylum or challenge their removal, and were forced to sign "voluntary repatriation" forms. Nongovernmental organizations working with refugees in Lebanon estimate that 30 Syrians have been deported from Hariri International Airport in Beirut this year by the General Security Directorate, the agency that oversees the entry and exit of foreigners.
"Lebanese authorities shouldn't deport anyone to Syria without first allowing them a fair opportunity to argue their case for protection and ensuring that they don't face a real risk of persecution, torture, or other serious harm," said Lama Fakih, acting Middle East director at Human Rights Watch. "Despite heated rhetoric calling for Syrians to return home, and coerced 'voluntary' returns, there continues to be significant risk of harm for refugees who do return to Syria."
Lebanese authorities have in the past affirmed their commitment not to forcibly return any Syrian to Syria but, increasingly, officials are calling on Syrians in Lebanon to return home.
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Källor: Informationen på denna sida är hämtad från följande källor (externa länkar): EU (kommissionen, ministerrådet, parlamentet och domstolen), Europarådet (mr-kommissionären, domstolen, kommittén mot tortyr), FN:s flyktingkommissariat UNHCR, FN:s kommitté mot tortyr m.fl. FN-organ, Sveriges Radio, SvT, andra svenska media via Nyhetsfilter och pressmeddelanden via Newsdesk, utländska media till exempel via Are You Syrious och Rights in Exile, internationella organisationer som Amnesty International, Human Rights Watch, ECRE, Statewatch och Picum, organisationer i Sverige som Rädda Barnen, Asylrättscentrum, Svenska Amnesty, FARR och #vistårinteut samt myndigheter och politiska organ som Migrationsverket, Sveriges domstolar, JO, Justitiedepartementet m.fl. departement och Sveriges Riksdag.
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