Wednesday, 7 July 2010

East Timor Unlikely To Host 'Regional Processing Centre'

East Timor appears to be rather cool on the idea of Australia fobbing off its problem with 'boat people' off on to the country. Its Deputy Prime Minister Jose Luis Guterres has already said that it is very likely the proposal would be rejected "because we don't have [the right political and social] conditions in East Timor." Also Fretilin MP Jose Teixeira has said his party did not support the proposal, adding that the president Jose Ramos-Horta had no constitutional power when it came to immigration issues.

Now the Law Council of Australia has warned the Federal Government that its plan to process asylum seekers in East Timor will be a legal minefield. For example, what level of legal advice would be available to asylum seekers under its new policy, though this may not be a problem post-election if the opposition Liberals get in as they have already said they will withdraw legal support for asylum seekers. They also prefer going back to the Naruu option, the island used in the original 'Pacific Solution' and that is not a signatory of the UN Refugee Convention.

Australian PM Julia Gillard, who has promised to "relentlessly pursue" her idea of a new off-shore processing centre has already been in touch with the New Zealand and Indonesian governments to support her 'regional solution' but is facing strong opposition in New Zealand, as well as her own country, to the idea. Her position however has been strengthened by the UNHCR's callow decision to give into pressure from the Sri Lankan government and countries like Australia who have lobbied for a change in the organisation's advice on the treatment of Tamil asylum seekers.

On Monday the UNHCR issued new 'Eligibility Guidelines For The Sri Lankan Asylum–Seekers', which state that: "In light of the improved human rights and security situation in Sri Lanka, there is no longer a need for group-based protection mechanisms or for a presumption of eligibility for Sri Lankans of Tamil ethnicity originating from the north of the country," and they are therefore ''no longer in need of international protection under broader refugee criteria or complementary forms of protection solely on the basis of risk or indiscriminate harm.'' In light of this the government will lift its three-month freeze on processing asylum seekers from Sri Lanka today, and those stuck in the system will no doubt be fast-tracked for return.

Queer Sort Of Asylum Policy

The High Court today is due to rule on the case of two gay refused asylum seekers who have taken the government to court over their blatantly discriminatory asylums policy. We say blatantly discriminatory not just because a set of criteria are being applied to gay and lesbian people that is not being applied to people who, say, fear persecution in the home countries because of their political or religious convictions, but because this policy is doubly discriminatory.

Being gay or lesbian is not a 'lifestyle choice', which ones political or religious affiliations effectively are (however 'sincerely' these 'beliefs' are held). And deciding whether or not to avoid that persecution by keeping one's 'affiliations' secret is therefore a moral choice. Whereas behaving so as to conceal ones sexuality is wholly different, and current Home Office policy is tantamount to telling someone who has been persecuted because of the colour of their skin that they so go home and avoid the racial discrimination they have been suffering by using skin whitening compounds!

This is just another way of the government narrowing the criteria of who is and who isn't a 'good' migrants and further derogating itself from both the letter and the spirit of the international treaties and conventions on asylum that it is a signatory to. A case of any excuse will do as long as it achieves the desired ends, keeping as many 'bad' foreigners out as possible.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The on-line version of the Evening Standard has a comment equating the case of the Iranian asylum seeker's situation to those 'committing' adultery in his country, saying adulterers have to be discrete in order to avoid being stoned if caught and that the same is true of gay people (who wish not to be 'found out'). He then goes on to compound his stupidity by going on to say that in order for him to settle in some mythical "totally gay country", he would lie about not being straight in order to survive and nobody could prove he wasn't queer. Unless of course he was caught having sex with a woman.

This in a nutshell is the rationale of the government's discriminatory anti-queer position; if you don't step into the light no one can tell if you are different or not. You can continue to be gay, just don't risk having any sort of sexual relationship.

STOP PRESS:

The High Court has found in favour of "T" and "J", with the judgement saying "To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him the fundamental right to be who he is."

Tuesday, 6 July 2010

Australia To Reintroduce 'Pacific Solution'...

...Or At Least A New 'Improved' Version Of It

We haven't mentioned Australia in recent posts but that doesn't mean that we haven't ben keeping a weather eye on what has been happening in that part of the southern hemisphere. There has been the massive increase in the numbers of detained migrants crammed onto Christmas Island, many of whom have been transferred to the mainland Curtin detention centre in Western Australia, a ex-mining camp widely referred to in the Australian press as a 'hell hole', and there is even talk of reopening the notorious Woomera camp. The rampant overcrowding and ever increasing length of time spent in detention has also led to a massive increase in incidence of self-harm amongst the detainees.

2010 is also an election year in Australia and this has lead not only to the anti-immigration arms race but also to the palace coup that saw Julie Gillard oust Kevin Rudd as prime minister, who was seen to be 'not tough enough' on the 'boat people' despite his 3-month long suspension of the processing of asylum visas for Afghan and Sri Lankan refugees. This, along with general governmental intransigence on asylum issues, was meant to act as a deterrent to more boats arriving as well as acting as a electoral boost but has merely become a major cause of the aforementioned overcrowding.

The Liberal (sic) opposition have been having a field day out of all this, with Tony Abbott, Liberal party leader, proposing to bring back a revamped version of the 'Pacific Solution'. So much so that the Labor party had haemorrhaged support to the Liberals (42% of Labor supporters apparently going for the 'PS'). Now that Gilliard is in discussions with the East Timorese President Jose Ramos Horta to use the island as a new asylum processing centre, the [arty is loosing left wing support to the Greens. Sneakily, Gillard has sought to involve New Zealand in what she is terming a 'regional processing centre', thus trying to defuse opposition within her own party whilst still hoping to remove "the incentive, once and for all, for the people smugglers to send boats to Australia." Shit, it has even won over the UNHCR and been cautiously welcomed by 'refugee advocates' as it involves the UN and, unlike Naruu which was the locus of the original 'PS' camp, East Timor is a signatory to the Refugees Convention.

Tory Anti-Immigration Taliban Out In Force

The East Midlands anti-immigration Taliban were out in force yesterday in parliament introducing two bill designed to save 'our precious bodily fluids' from being 'sapped and impurified' by the introduction of 'nasty foreigners'. Philip Hollobone and Peter Bone, Tory MPs for the neighbouring Kettering and Wellingborough constituencies, led a cohort of right-wing Tory MPs* who clearly consider themselves the true voice of Torydom, that have put forward a swathe of Presentation Bills on such subjects as the repeal of the Human Rights Act, a referendum for withdrawal from the EU, a return to compulsory national service, the right to kill burglars, a 'taxation freedom day' and the abolition of the TV licence.

Hollobone is the bandwagon-jumper responsible for the Islamophobic Face Covering (Regulations) private member's bill, which had its first Commons' reading last week, and his latest effort is the Return of Asylum Seekers (Applications from Certain Countries) Bill. This law is aimed to "provide for the immediate return of asylum seekers to countries designated as safe", a particular bugbear, nay obsession, of his. Though the actual text of the bill has not been published (as far as we know - at least we have been unable to find it on the web), the plan appears to be to extend the 'non-suspensive' provision of section 94 of the Nationality, Immigration and Asylum Act 2002 to all refused asylum claims and to get people straight on planes back to their countries of origin irrespective of whether there are any binding agreements between the UK government and the governments of those countries. Basically mass forced collective deportations, counter the EU and international law.

Added to that, Sven-lookalike Peter Bone added his own but even more bizarre prospective law, supported by a ragbag of die-hard Thatcherites, entitled the Human Trafficking (Border Control) Bill to require "border control officers to stop and interview potential victims of trafficking notwithstanding entitlements under European Union law to free movement of persons". Whilst the meaning of this law is somewhat obscure (no available text again), it would seem that Bone has become jealous of the Arizona legislation allowing police to stop people who look like Mexicans and check their immigration status and might be seeking to introduce his own particular version of this via this effectively 'Trojan horse' legislation. After all, everyone knows how what at first appears to be a new apparently narrowly focused law is progressively adapted and widened to further erode civil liberties. This could just be one such pieces of 'slippery slope' legislation.


* Including fruit loops such as Chichester MP Christopher Chope and the aptly named Mark Reckless and David Nuttall. Apparently, Hollobone, Bone and Chope took it in relays overnight on Sunday to secure first place in the queue to introduce 28 right-whinge bills that look likely to drive a stake into the LibCon alliance of the undead at some point in the near future.

Sunday, 4 July 2010

Metro's Cage Rattled By Spoof

The Metro has obtained a High Court injunction against "all persons responsible for the publication and/or distribution" of a Metro spoof paper that was distributed by campaigners at London tube stations on Friday morning. But since the spoof was produced and distributed anonymously, the injunction seems to have been served upon the wrong people, in what appears to be a guilty-by-association verdict.

The spoof paper, which has also been circulated on the web, has a similar masthead and layout to the free daily, with a zero instead of the O. The owners of Metro, Associated Newspapers Limited, claim this is an infringement of the company's trademark copyrights, while campaigners argue the company directors "do not have a sense of humour" and have "gone too far in suppressing free speech to protect their commercial interests."

Under the headline "Gordon Brown to be deported to Scotland," the front page story claimed the former prime minister was facing imminent removal back to his "home country," as the new coalition government introduced new immigration rules that imposed further restrictions on "non-English nationals." Alongside the article, a manipulated picture showed Gordon Brown being arrested by two policemen at a beer festival in Cambridge.

Tens of thousands of copies of the spoof paper were distributed by 50 or so people wearing white T-shirts bearing the Metro logo during rush hour at 20 busy stations around the capital. The 'spoofing operation' was apparently part of 'two days of action against racist press', called by a coalition of anti-racist and migrant rights groups under the name Press Action. A blog bearing the same name had been set up about a month before, with the aim of "exposing and taking action against racist and anti-migrant bias in mainstream media." [1]

The callout for the days of action, circulated around various campaign websites and mailing lists, had called upon "all concerned groups and individuals to stand up to counter fear with action on the 2nd and 3rd July" and "put the racist press in the spotlight" by taking "autonomous, decentralised actions and protests against racist press across the UK." [2]

Represented by Bird & Bird LLP, Associated Newspapers sought a High Court injunction until 10:30am on Monday, ordering the respondents to "not publish or distribute in any way (including by way of the Internet) any publication which purports to be 'Metro' or any other publication of the applicant." The legal action seems to have stemmed from an assumption that the spoof might be distributed again on Saturday, which turned out to be unfounded speculation and a waste of judges' time.

A copy of the injunction order was subsequently sent by Katharine Stephens of Bird & Bird to the people running the Press Action blog [3], presuming they were behind the spoof. A statement by Press Action, however, said they "had nothing to do with the publication and distribution of the spoof" and had merely received an electronic copy from the anonymous spoofers, along with a press release [4], which they then circulated and posted on their blog.

The blog has since taken the spoof down but it can be accessed on numerous other activists and websites. A statement by Press Action maintained that, "despite not being the respondents, we have complied with the court order as a gesture of goodwill."

Metro's official website had also been spoofed as part of the spoofing operation, with a similar layout but with the spoof paper's content instead, and a web link (URL) substituting the O with zero (www.metr0.co.uk).

It is understood that Associated Newspapers has also contacted the US-based company that apparently hosts the spoof site, asking that they take it down, which they have refused to do, according to the injunction hearing records.

A Whois check on the spoof website [5] shows that it registered under the name 'Press Action' and an address in Whitechapel, London, that belongs to a social centre known as the London Action Resource Centre.

LARC describes itself as a "collectively run building providing space and resources for different activist groups" and is, indeed, used by many people who do not necessarily know each other or know what the others might be doing.

A spokesperson for Press Action said: "It is very likely that whoever did the spoof was inspired by our callout and wanted to use our name and register the domain with a common address, such as LARC's, to protect their anonymity. To argue that LARC is "clearly involved with the two days of action," as the Metro solicitors did in court, is just a desperate search for a scapegoat that is guilty by association."

Asked by the judge what damage the spoof had caused their client, the Associated Newspapers solicitors argued that the Metro "avowedly doesn't take a political stance. The damage to the brand and goodwill [of the paper's owners] is unquantifiable. The people behind the spoof are avowedly political. They are piggybacking on the goodwill built up in the brand since 1999 to espouse their own political cause."

Unconvinced by this argument, and repeatedly expressing his concern that "this is a case of make haste and repent at leisure," the judge asks, "Are you seriously suggesting that your clients will suffer damage [as a result of the spoof]?" to which the solicitor replies, "It is an intangible damage to my client's goodwill, that is, it effects what people will think about its product."

-ends-

For further information and questions, contact: pressaction@riseup.net


Notes for editors:

[1] The blog is at: http://pressaction.wordpress.com

[2] The callout can be found at: http://pressaction.wordpress.com/2010/06/06/two-days-of-action/

[3] A copy of the injunction order, along with the proceedings and the applicant's notes submitted to the judge, are attached herewith.

[4] The Metr0 press release can be found at: http://london.indymedia.org.uk/articles/5099

[5] http://www.dnsstuff.com/tools/whois/?tool_id=66&token=&toolhandler_redirect=0&ip=http%3A%2F%2Fmetr0.co.uk

Friday, 2 July 2010

Metro Targeted By Anti-Racist Spoof

London commuters were this morning surprised to find that their usual Metro paper was a bit thinner, yet more interesting and engaging, than usual.

Tens of thousands of copies of a spoof newspaper that looked very similar to the free daily were distributed at 20 busy tube stations around the capital during rush hour. Thousands more were distributed in other cities around the country.

Under the headline 'Gordon Brown to be deported to Scotland' the frontpage story claimed the former prime minister was facing imminent removal back to his "home country," as the new coalition government introduced new immigration rules that imposed further restrictions on "non-English nationals". Alongside the story, a manipulated picture showed Gordon Brown being arrested by two policemen at beer festival in Cambridge.

Wearing a white T-shirt bearing the Metro logo and a blue baseball cap, one of the 50 or so distributors, who preferred to keep anonymous, said: "By replacing the word 'British' with 'English' when talking about 'British jobs' and the 'floods of illegal immigrants into Britain,' we hope people will realise how racist and absurd this rhetoric of immigration controls is."

In a witty attempt to highlight the racist and sexual violence experienced by immigration detainees at the hands of private 'detainee escorts', a fake advert claimed that G4S, the private security giant that runs a number of immigration detention centres in the UK and provides detainee escort services on behalf of the UK Border Agency, was looking for "strong men" to "escort women abroad."

The rest of the spoof paper featured a 60-Second interview with a real-life ex-detainee, a 'myth-buster' about asylum and immigration, an 'immigration newspeak' glossary, racist quotes from mainstream press and a couple of more in-depth articles on immigration controls and protests against them.

Many of those who picked up the paper initially seemed confused as to why the Metro had "shrunk." Realising it was a spoof, however, many commented that it was "very funny", "clever", "naughty" and "brilliant". Some even returned back and asked for more copies. Others, however, threw it away and wanted the thicker "real thing."

The Metro website has also been spoofed, with a layout similar to that of the paper's official website but with the spoof paper's content.

The 'spoofing operation' was part of 'two days of action against racist press', called by a coalition of anti-racist and migrant rights groups under the name Press Action.

A spokesperson for the anonymous group of spoofers said, "We are sick of being lied to; we are sick of being lied about. These lies, repeated everyday by free papers, tabloids and other corporate mainstream media outlets, have almost become a reality, where the most vulnerable victims of this screwed-up political-economic system are blamed for it."

Explaining why the group chose the Metro and not a 'more obvious target' when it comes to racist press, such as the Daily Mail or the Evening Standard, the anonymous spokesperson commented: "We wanted to highlight the fact that racism and anti-immigration bias is sometimes more subtle than the Daily Hate rants. Besides, the Metro seemed to provide a better vehicle due to its exploitation of the 'public' transport system, so we thought we'd reclaim that right for a day."

-ends-

For further information and enquiries, please contact: pressaction@riseup.net
Photos available on request.

Notes for editors:

1. A pdf of the spoof paper can be found at:
http://www.metr0.co.uk/images/metr0-e-edition.pdf
or http://pressaction.files.wordpress.com/2010/07/metro_spoof.pdf

2. The spoof Metr0 website is at http://www.metr0.co.uk

3. The callout for the Two Days of Action Against Racist Press can be found at:
http://pressaction.wordpress.com/2010/06/06/two-days-of-action/
or http://www.metr0.co.uk/article/days-of-action.html

Thursday, 1 July 2010

Possible Libyan Mass Forced Deportation Of Eritrean Refugees

Three weeks ago the UNHCR, without any explanation, was given its marching orders by the authorities in Tripoli. Now the reason appears to be plain: clearing the way for possible mass forced expulsions of the thousands of imprisoned refugees in the country.

At dawn yesterday, the 2 container lorries carrying around 300 Eritrean refugees, including women and at least 50 children, left the notorious Misratah detention camp, heading south to the interior of the country. All the refugees had been victims of Italy's 'push back' policy, intercepted on the journey from the Libyan coast towards Lampedusa and forced back into the arms of the Libyan police and military.

They had also collectively refused orders to give their identities to the Eritrean embassy, fearing that it was the first step to a collective expulsion according to the Fortress Europe website. Fearing the worst, many had tried to escape but were caught and beaten by guards. Tensions between the guards and detainees lead to further clashes, which were brutally put down by security forces.

So, on the night of the 29th, a Libyan army unit had raided the cells confiscating all mobile phones. They then herded everybody together, including 30 people who had sustained serious injuries in previous clashes and forced them into the converted shipping containers for the 12 hours journey to Sabha, deep in the Sahara desert. Many of the women and children are understood to have suffered from heat stroke in the cramped, hot and airless conditions in these glorified metal boxes.

The fate of the detainees is uncertain and, whilst the Libyans supposedly officially suspended deportations to Asmara three years ago, forced overland removal remains a possibility*. Although sources in Libya also claim that the mass transportation may be in punishment for the migrants' resistance and as a prelude to being broken up into smaller groups and relocated to other prisons

However, Libya faces a growing problem with all the migrants are entering the country enroute to Europe but are now unable to make it anywhere other than into Libyan prisons and detention camps. Italy and the rest of Europe, in the form of Frontex and the International Organisation for Migration, may well be paying for many of the costs of running Libya's extensive detention system but the detainee population cannot go on growing without serious consequences and Libya may well be on the verge of resorting to a 'radical' and highly controversial solution: mass forced expulsions.


* Eritrea is a single party state run by the PFDJ and military conscription is universal and effectively life-long. Many of the refugees in the Libyan camps have fled Eritrea to avoid conscription and all returned refugees are subject to arrest and imprisoned in forced labour camps. Many of these have been used to build the hotels and infrastructure that have sprung up along the Red Sea coast to cater for the country's burgeoning tourist industry. And because of the political situation in Eritrea, many countries have no extradition arrangements with the country.
So, whilst Libya has never been particularly interested in the views of the rest of the world when it comes to the fate of refugees and prisoners in its jails, Libya has superficially followed this convention. We say superficially, as reportedly it has a tacit agreement with Eritrea to return its nationals and, according to the U.S. Committee for Refugees and Immigrants, it has "allowed the IOM to open an EU-funded centre in March 2008 to return migrants as “a complementary concept to deportations.”" Additionally, in January this year it secretly deported 12 Eritreans who had previously been either government officials or in the military. Their fate is unknown.