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A Study of Europe's Deportation Policies

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A Study of Europe's Deportation Policies They are Children Too A study of Europe’s deportation policies Liz Fekete They are Children Too A study of Europe’s deportation policies ‘A child: every human being under the age of 18’ The Convention on the Rights of the Child. UN Rules for the Protection of Juveniles Deprived of their Liberties Institute of Race Relations, 2–6 Leeke Street, London WC1 X 9HS, UK. Tel: +44 (0)20 7837 0041 Fax: +44 (0)20 7278 0623 Web: www.irr.org.uk Email: [email protected] They are Children Too i Acknowledgements We would like to acknowledge the financial support of the Joseph Rowntree Charitable Trust during the researching of this report. This could not have been written without the help of many people, but particular thanks are due to Tim Cleary who did much of the work collating the case studies for the report as well as translating articles from French. Vincent Homolka and Terese Jonsson also deserve special thanks for the extraordinary amount of work they did translating articles from German and Swedish newspapers respectively. Other voluntary help with compilation of case-studies and translations has also been provided by Norberto Laguia Casaus, Liz Cross, Steve Deegan, Rhona Desmond, Imogen Forster, Margaret Goff, Sofia Hamaz, Trevor Hemmings, Andrew Hickman, Lotta Holmberg, Simon Katznellenbogen, Louisa O’Brien, Virginia MacFadyen, Sarah Parker and Chris Woodall. My thanks also to the following for providing information, clarification and editorial sup- port: Antirassistische Initiative (Germany), Jenny Bourne, Nadine Finch, Emma Ginn, Martine Lachet, Jean Lambert MEP, Pro Asyl (Germany), Terre des Hommes (Switzerland), Sanna Vestin and Frances Webber. Notes All cases cited in this report have either been documented by a human rights NGO or a nation- al newspaper. In a few cases lawyers in this report have provided information directly to us. We are aware that we have cited a larger number of cases from Germany and the UK. This reflects our greater access to information from these countries and does not imply that asylum systems are more draconian there than in other European countries. This is a double issue of the European Race Bulletin, Nos 58 and 59. © Institute of Race Relations 2007 ISSN 1463 9696 ISBN 0 85001 067 5 Design by Harmit Athwal Printed by Russell Press Ltd Cover picture: Howard Davies/ reportdigital.co.uk Back cover drawing courtesy of Jubaer Alam, an asylum seeker from Bangladesh All other pictures © IRR Race & Refugee News Service/ www.irr.org.uk ii They are Children Too Contents Acknowledgements ii Contents iii List of abbreviations iv Foreword v Introduction vi 1. Arrested 1 Sudden and violent dawn raids I entrapment techniques I seizing children at school I civil disobedience movements 2. Detained 9 No monitoring of child detention I increase in family detention I treatment of separat- ed/unaccompanied children I abuses at the border I minors imprisoned for document crimes I growth of pre-deportation detention I health implications of detaining minors I treatment of pregnant and nursing mothers I child protection measures removed I pro- tection not prison for children 3. Deported 34 New approach to separated/unaccompanied children I charter flights I family rights sac- rificed I denial of humanitarian protection deportation of vulnerable and sick children I deported to an uncertain future I right to stay I right to education 4. Destitute 58 Europe’s young vagrants I treatment of failed asylum-seeking families I new underclass I shanty-towns and squats I humanitarian Europe responds Stop terrorising children They are Children Too iii List of abbreviations AI Amnesty International ANAFE Association Nationale d’Assistance Aux Frontières pour les Étrangers (National Association of Assistance for Foreigners at Borders (France) APHDA Associación Pro Derechos Humanos de Andalucia (Andalusian Association for Human Rights) (Spain) CEAR Comisión Española de Ayuda al Refugiado (Spanish Commission of Aid to Refugees) CERD UN Committee/ Convention on the Elimination of all forms of Racial Discrimination CONAFE Coalition of NGOs working for African Children (France) CPT Centro di permanenza temporanea (Centre for temporary stay) (Italy) C-Sur Refugee Emergency Support Collective (Calais) DCI Defence for Children International DRC Democratic Republic of the Congo (formerly Zaire) Dublin II/ Dublin Regulation Council Regulation 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national ECHR European Convention for the protection of Human Rights and fundamental freedoms (1950) ECRE European Council on Refugees and Exiles EU European Union Gardai Irish police GISTI Groupe d’Information et de Soutien des Immigrés (Information and Support Group for Immigrants) (France) IND Immigration and Nationality Directorate (of the Home Office) UK IND Immigratie en Naturalisatie Dienst (Immigration and Naturalisation Service) (Netherlands) International Detention International Coalition on the Detention of Refugees, Asylum Seekers and Coalition Migrants IRC Immigration Removal Centre IRR Institute of Race Relations KISA Action for Equality, Support and Anti-Racism in Cyprus Medical Foundation Medical Foundation for the Care of Victims of Torture MRAP Mouvement contre le Racisme et pour l’Amitié entres les Peuples (Movement against racism and for friendship among peoples) (France) MRAX Mouvement contre le Racisme, l’Antisémitisme, la Xénophobie (Movement against Racism, Anti-semitism and Xenophobia (Belgium) MSF Médecins sans Frontières NCADC National Coalition of Anti-Deportation Campaigns (UK) NRUC National Register for Unaccompanied Children OFPRA Office for the Protection of Refugees (French refugee agency) PAF Police Aux Frontières (French border police) Qualification Directive Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted RESF Réseau Education Sans Frontières (Education Without Borders Network) (France) SCEP Separated Children in Europe Programme SCIFA Strategic Committee on Immigration, Frontiers and Asylum (EU) UNCRC United Nations Convention on the Rights of the Child 1989 UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNJDL rules United Nations Rules on Juveniles Deprived of their Liberty UNMIK United Nations Interim Administration Mission in Kosovo WWB Wij Willen Blijven (We Want to Stay) (Netherlands) XENION Psychotherapeutische Beratungsstelle für politisch Verfolgte (Psychotherapeutic Counselling Centre for Politically Persecuted Refugees) Germany iv They are Children Too Foreword here is no such thing as your children and my children. Children are children are children. They are the measure of our possibilities; how we treat them is the measure of our human- Tity. The moment we categorise them as foreign is the moment we lose both. For asylum seekers, living on the edge of life, children are the most precious belonging. It is to save their children’s lives by safeguarding their own that they flee the mayhem of their countries and seek asylum in Europe. But once asylum is refused, often on the most arbitrary grounds, and the logistics of deportation take over, the children are subjected to the same summary treatment as their parents. In fact, worse, because they are sometimes the clue to the whereabouts of their parents who, in a last desperate attempt to save the family from depor- tation, go into hiding. Children are plucked out of their schools, subjected to sudden and vio- lent dawn raids on their ‘homes’, and detained in immigration removal centres for inordinate lengths of time. Manuel Bravo, an Angolan asylum seeker who fled to Britain with his 13-year-old son after his parents were killed and sister raped, hanged himself in Yarl’s Wood Immigration Removal Centre where he and his son were being detained before being deported, so that the boy could remain in Britain as an ‘unaccompanied minor’. But even ‘unaccompanied minors’ come of deportation age by 18 and are sent back to their countries of origin. More to the point, however, is that they are so vulnerable and unprotected that they often fall prey to child trafficking and prostitution. If the criterion of a Christian society is Christ’s injunction – ‘suffer the little children to come unto me, and forbid them not, for of such is the kingdom of heaven’ – the nations of Europe can only be judged apostate. If the criterion of a civilised country is the treatment of children who come to it for refuge, the nations of Europe can only be judged barbaric. And yet, Europe mouths ‘values’, ‘Enlightenment’, ‘tolerance’. As Sartre said in another context, the mouths open, but the words die on the tongue. Only in the heroic efforts of religious and secular groups and individuals to defy the state and take ‘illegal’ children into their protection, in any way they can, is there any evidence that Europe once had a soul. A. Sivanandan They are Children Too v Introduction wo years ago, the IRR published The Deportation Machine, an investigation based on over 200 case studies of the EU’s target-driven deportation policy on asylum seekers and its Timpact on human rights. In They are Children Too, we attempt to bring the story up to date by examining in greater detail the treatment
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