A campaign launched in early February criticizes Switzerland's emergency aid regime for rejected asylum-seekers as inhuman and violating the basic rights of those concerned. The constitutional right to assistance in emergency situations has become an instrument of migration policy.
„Emergency aid is no aid at all,“ says Ahmed (Name changed). The young Palestinian knows what he's saying. His asylum request was rejected and he ended up in the emergency aid regime. In Basel, where Ahmed has been living for several years, recipients of emergency aid get 12 Swiss Francs daily. They may sleep in a homeless shelter, which is being closed at daytime. Weekly, Ahmed has to report at the aliens' police. “Every time I went there I feared being arrested and ending up in deportation custody again,” he says. For about a year, he hasn't been reporting any more: “If you're afraid the whole time, at some point it's enough. You'll prefer not to get the money in order to be let alone.” For Ahmed it is clear that emergency aid is just an instrument used by the authorities to pressure and “break” him.
Currently, about 5800 persons in Switzerland receive emergency aid. The aid however isn't a nice favour by the state, but a basic right guaranteed by the constitution. A 2005 ruling by Switzerland's Federal Court states that the reception of emergency aid mustn't be linked to unacceptable and troublesome conditions. Over the last few years, the cantons, which are responsible for delivering the emergency aid, have been competing in aggravating the regime. According to a new report [PDF] by the Swiss Refugee Council (SRC) the cantons are trying to make those affected leave the country by themselves by introducing increasingly harsh measures, thereby often violating the basic rights of recipients of emergency aid. Examples for such measures are arbitrary arrests, attendance checks and the enforcement of weekly changes of the accommodation.
SRC's Susanne Bolz says: The right to emergency aid has been abused for purposes of migration policy.” The politicization of this basic right and the intentional impoverishment of those affected have led the SRC, Amnesty International, Solidarité sans frontières and the Observatory of Asylum and Aliens' Rights to kick off a countrywide campaign to raise awareness and dispatch the reality of the emergency aid regime. According to their collective consent however, the organizations only demand a “fundamental examination of the emergency aid system” and not its abolishment.
That's a bit meagre, as the campaigns criticizes the regime strongly. Susanne Bolz, for example, says that the emergency aid system as a whole is “highly problematic, because people are being materially deprived and pushed into a system which in many cases violates their human dignity and their basic rights.” Moreno Casasola, Secretary General of Solidarité sans frontières, meanwhile calls the emergency aid regime “a plain failure” and stresses: “In our opinion, the only solution can be to immediately cancel the social assistance stop in a first step.” After that, further steps have to be considered, says Casasola.
In the latest film published by the autonomous media collective 'a-films' a recipient of emergency aid explains how he survives with 8.60 Swiss Francs per day. He mostly consumes cheap toast bread, fruit juice, milk and some fruit. “When I have to get soap or a tooth brush, less money remains for food,” says Ken (Name changed). He can't just spend his daily Migros voucher anyhow: “You need to have a plan and deny yourself some things.” For years, Ken has lived in emergency centres around Zurich. He last stayed at the “bunker” in Uster, an underground emergency accommodation. “Living here for years damages you physically and psychologically,” says Ken. Consequently, Sosf's Casasola stresses: “The emergency aid regime is sick and makes sick. And sicknesses have to be fought against.”
This report was first published in German in the Bernese monthly megafon.
Showing posts with label Undocumented Migrants. Show all posts
Showing posts with label Undocumented Migrants. Show all posts
March 2, 2011
June 18, 2010
"Swiss Plan to Gag Refugees"
Only two years after its last revision, the Swiss Asylum Act is about to be 'reformed' again. The changes include a gag order on political activism for asylum-seekers and a modification of the concept of a refugee.
Ever since Switzerland adopted the Asylum Act in 1981, it has constantly been tightened, largely at the expense of the refugees, as in most European countries.
In 2007 and 2008, Switzerland implemented a harshly criticised reform of the Asylum Act. Soon after, in spring 2008, Justice Minister Eveline Widmer- Schlumpf announced new measures to "reduce the attractiveness of Switzerland as a target country for asylum-seekers."
The latest reform proposals have now passed the consultation procedures and have been submitted to parliament for approval.
During the consultation procedure, 45 non-governmental organisations responded with a detailed statement slamming the proposed law revision as "unnecessary" and "baseless". Denise Graf, refugee coordinator of Amnesty International (AI), says the reform is unnecessary. "The annual number of asylum requests has in the last three years constantly been between 10,000 and 16,000. We're far from the record highs in the end of the nineties, when more than 40,000 applications per year were filed."
A highly controversial part of the revision is the plan to punish "abusive political activism" by asylum-seekers. The Federal Council argues that a number of asylum-seekers engage in exile politics only for the purpose of fabricating new reasons to be granted asylum.
Graf says the offence is insufficiently defined. Balthasar Glättli, secretary- general of the migrants' rights organisation Solidarité sans frontières (Sosf) says the provisions are "elastic", as it is up to the court to judge in particular cases. Adrian Hauser, spokesperson for the Swiss Refugee Council (SFH), says authorities would face serious difficulties proving that someone's political activities in exile are motivated by abusive motives.
Amnesty International's refugee coordinator points out that in their home countries, refugees often operate underground, as their activism is considered illegal. "Once in Switzerland," Graf says, "many asylum-seekers keep up opposition politics, but undercover. After a while, an exiled refugee may start to uncover his political activities, which could then be seen by the authorities as 'abusive'."
All three organisations regard the proposed measure as an attack on freedom of speech. "It's a totally unacceptable attempt to silence asylum-seekers," says Glättli. SFH's Hauser stresses that the European Convention on Human Rights only allows for restrictions of fundamental rights if national security, territorial integrity or public safety are in danger or to prevent disorder or crime. "Here and now, this is not the case."
Berhanu for instance had his asylum request rejected a few years ago. Having studied agricultural economics and development sciences, he once worked as an official in a regional administration in his home country Ethiopia. On a study visit to Europe in 1989 he learnt about ethnic unrest in his home region, and was warned that he'd be arrested if he were to return.
Berhanu, now staying illegally in an emergency centre near Zurich, says his political work ultimately aims at improving conditions in Ethiopia, that could enable him to return. His party, the Ginbot 7 Movement for Peace and Justice, opposes the authoritarian regime of the People's Revolutionary Democratic Front.
"Exile politics is about trying to voice out the situation and human rights abuses in our country to the rest of the world," says Berhanu. "At the same time, it's also a transfer of ideas and procedures aiming at the democratisation of Ethiopia and an attempt to strengthen home-grown opposition parties."
At a demonstration for the liberation of an imprisoned opposition leader in Geneva, Berhanu learnt about Switzerland's plans to sanction political activism of asylum-seekers. The gag order is "a law aligning with dictatorial regimes," he says. Even though open protest activities in the future may not be possible any more, Berhanu is optimistic that the Internet will allow him and his fellows to continuously mobilise to reach their objectives.
Switzerland is trying to modify the concept of a refugee. Until now, the country's asylum law has mostly targeted "untrue refugees", a distinction made to define people who migrate mainly for economic reasons. Under the new law proposal, people so far considered "true refugees" are being targeted, too.
This revision is a reaction to a decision by the former Asylum Recourse Commission (now the Federal Administrative Court) in 2005. The Commission had decided then that conscientious objectors and deserters from Eritrea would be granted asylum because their potential punishment in their home country would be politically motivated.
Fearing a rising number of asylum-seekers from Eritrea, the former right- wing justice minister Christoph Blocher and his successor Eveline Widmer- Schlumpf worked on measures to prevent the influx of Eritrean refugees. The number of asylum-seekers now seems to have become the decisive criteria.
This report was first published here by IPS Inter Press Service.
Ever since Switzerland adopted the Asylum Act in 1981, it has constantly been tightened, largely at the expense of the refugees, as in most European countries.
In 2007 and 2008, Switzerland implemented a harshly criticised reform of the Asylum Act. Soon after, in spring 2008, Justice Minister Eveline Widmer- Schlumpf announced new measures to "reduce the attractiveness of Switzerland as a target country for asylum-seekers."
The latest reform proposals have now passed the consultation procedures and have been submitted to parliament for approval.
During the consultation procedure, 45 non-governmental organisations responded with a detailed statement slamming the proposed law revision as "unnecessary" and "baseless". Denise Graf, refugee coordinator of Amnesty International (AI), says the reform is unnecessary. "The annual number of asylum requests has in the last three years constantly been between 10,000 and 16,000. We're far from the record highs in the end of the nineties, when more than 40,000 applications per year were filed."
A highly controversial part of the revision is the plan to punish "abusive political activism" by asylum-seekers. The Federal Council argues that a number of asylum-seekers engage in exile politics only for the purpose of fabricating new reasons to be granted asylum.
Graf says the offence is insufficiently defined. Balthasar Glättli, secretary- general of the migrants' rights organisation Solidarité sans frontières (Sosf) says the provisions are "elastic", as it is up to the court to judge in particular cases. Adrian Hauser, spokesperson for the Swiss Refugee Council (SFH), says authorities would face serious difficulties proving that someone's political activities in exile are motivated by abusive motives.
Amnesty International's refugee coordinator points out that in their home countries, refugees often operate underground, as their activism is considered illegal. "Once in Switzerland," Graf says, "many asylum-seekers keep up opposition politics, but undercover. After a while, an exiled refugee may start to uncover his political activities, which could then be seen by the authorities as 'abusive'."
All three organisations regard the proposed measure as an attack on freedom of speech. "It's a totally unacceptable attempt to silence asylum-seekers," says Glättli. SFH's Hauser stresses that the European Convention on Human Rights only allows for restrictions of fundamental rights if national security, territorial integrity or public safety are in danger or to prevent disorder or crime. "Here and now, this is not the case."
Berhanu for instance had his asylum request rejected a few years ago. Having studied agricultural economics and development sciences, he once worked as an official in a regional administration in his home country Ethiopia. On a study visit to Europe in 1989 he learnt about ethnic unrest in his home region, and was warned that he'd be arrested if he were to return.
Berhanu, now staying illegally in an emergency centre near Zurich, says his political work ultimately aims at improving conditions in Ethiopia, that could enable him to return. His party, the Ginbot 7 Movement for Peace and Justice, opposes the authoritarian regime of the People's Revolutionary Democratic Front.
"Exile politics is about trying to voice out the situation and human rights abuses in our country to the rest of the world," says Berhanu. "At the same time, it's also a transfer of ideas and procedures aiming at the democratisation of Ethiopia and an attempt to strengthen home-grown opposition parties."
At a demonstration for the liberation of an imprisoned opposition leader in Geneva, Berhanu learnt about Switzerland's plans to sanction political activism of asylum-seekers. The gag order is "a law aligning with dictatorial regimes," he says. Even though open protest activities in the future may not be possible any more, Berhanu is optimistic that the Internet will allow him and his fellows to continuously mobilise to reach their objectives.
Switzerland is trying to modify the concept of a refugee. Until now, the country's asylum law has mostly targeted "untrue refugees", a distinction made to define people who migrate mainly for economic reasons. Under the new law proposal, people so far considered "true refugees" are being targeted, too.
This revision is a reaction to a decision by the former Asylum Recourse Commission (now the Federal Administrative Court) in 2005. The Commission had decided then that conscientious objectors and deserters from Eritrea would be granted asylum because their potential punishment in their home country would be politically motivated.
Fearing a rising number of asylum-seekers from Eritrea, the former right- wing justice minister Christoph Blocher and his successor Eveline Widmer- Schlumpf worked on measures to prevent the influx of Eritrean refugees. The number of asylum-seekers now seems to have become the decisive criteria.
This report was first published here by IPS Inter Press Service.
March 31, 2010
"Calls to End Forced Deportations Follow Custodial Death"
Human rights organisations have been demanding an independent inquiry into the death of a Nigerian asylum seeker who died while being deported and a stop to all forced repatriations.
Switzerland's sixth deportation flight of 2010, scheduled for the evening of Mar. 17 with 16 Nigerians on board, never took off. Among the prisoners was Alex Uzowulu, 29, whose asylum claim had been previously rejected.
According to the cantonal police of Zurich, Uzowulu refused to board the flight and "could only be constrained by the use of force." Uzowulu's arms and legs were tied up and a helmet put over his head and police claim that, thereafter, "he suddenly showed health problems." He was unbound but never revived.
The director of the Federal Office for Migration (FOM), Alard du Boys-Reymond, who happened to witness the deportation later told Swiss Television that the police acted professionally.
Eyewitnesses, however, accuse the officers of being brutal and acting "like animals." Following Uzowulu's death, the FOM has temporarily halted further special repatriation flights.
Uzowulu is the third casualty related to forced deportations from Switzerland in 11 years. In 1999, a Palestinian asylum seeker who was bound and gagged with tape suffocated to death. Two years later, a Nigerian asylum seeker died in deportation custody, after police officers pressed him to the ground.
A first autopsy by the Institute of Forensic Medicine of the University of Zurich offered no clear conclusions on the cause of Uzowulu's death. The Nigerian had been on hunger strike for a few days preceding the deportation, the authorities admit. Fellow prisoners, however, claim the young man had refused food for a much longer time.
Du Boys-Reymond said it did not matter that the deportee had been on hunger strike, but that he was declared healthy on the day of deportation. In general, he added, "it should be that only healthy persons can be deported."
Christoph Hugenschmidt, speaking on behalf of the human rights group 'augenauf' (open eyes), accused du Boys-Reymond of hypocrisy. "We have documented dozens of cases where sick and unhealthy persons have been deported," he said.
To the police statement that Uzowulu was listed as as a drug-dealer, Hugenschmidt reacted by saying: "What does that mean? He was never convicted as a drug dealer!" The activist accused the police of slander and defamation in order to condone the Nigerian's death.
Switzerland has not adopted Schengen norms and still detains rejected asylum seekers for up to two years ahead of their repatriation.
Cristina Anglet, of the solidarity network 'Solinetz' in Zurich and who regularly visits deportation prisoners at the Zurich airport said that following Uzowulu's death at least 10 of the inmates had gone on a hunger strike. "I visited on Monday (Mar.22). On the fourth floor, where mostly Africans are imprisoned, almost everybody refused food. Additionally, I knew about people on hunger strike on the second floor."
Hugenschmidt is appalled by the authorities' efforts to play down the hunger strike. "Someone may just have died from the consequences of a hunger strike," he said. Several rights organisations such as Amnesty International and various cantonal left-wing parties have demanded an independent inquiry into Uzowulu's death.
Balthasar Glättli, secretary-general of 'Solidarité sans frontières' (Sosf), an organisation promoting migrants' rights, prefers an international body such as the Committee against Torture to investigate. "The department of public prosecution is the wrong body to probe, as its ties with the police are much too close."
As a Schengen state, Switzerland is obliged to implement the European Union's 'Return Directive' according to which it has to set up an effective forced return monitoring system by spring 2011. Amnesty International demands that no forced deportations are carried out without independent monitoring.
Sosf's Glättli remains sceptical: "Monitoring only makes sense if the deployed observers are present during the whole process. I'd prefer if deportees were accompanied by lawyers who could legally represent and defend them." Glättli says that during forced deportation detainees are often trussed up. "The authorities put up with the death of people."
Sosf states that the right of individuals to physical integrity, and therefore their protection from potentially deadly deportation procedures, have to be regarded as more important than Switzerland's desire to remove people from its territory.
This report was first published here by IPS Inter Press Service.
Switzerland's sixth deportation flight of 2010, scheduled for the evening of Mar. 17 with 16 Nigerians on board, never took off. Among the prisoners was Alex Uzowulu, 29, whose asylum claim had been previously rejected.
According to the cantonal police of Zurich, Uzowulu refused to board the flight and "could only be constrained by the use of force." Uzowulu's arms and legs were tied up and a helmet put over his head and police claim that, thereafter, "he suddenly showed health problems." He was unbound but never revived.
The director of the Federal Office for Migration (FOM), Alard du Boys-Reymond, who happened to witness the deportation later told Swiss Television that the police acted professionally.
Eyewitnesses, however, accuse the officers of being brutal and acting "like animals." Following Uzowulu's death, the FOM has temporarily halted further special repatriation flights.
Uzowulu is the third casualty related to forced deportations from Switzerland in 11 years. In 1999, a Palestinian asylum seeker who was bound and gagged with tape suffocated to death. Two years later, a Nigerian asylum seeker died in deportation custody, after police officers pressed him to the ground.
A first autopsy by the Institute of Forensic Medicine of the University of Zurich offered no clear conclusions on the cause of Uzowulu's death. The Nigerian had been on hunger strike for a few days preceding the deportation, the authorities admit. Fellow prisoners, however, claim the young man had refused food for a much longer time.
Du Boys-Reymond said it did not matter that the deportee had been on hunger strike, but that he was declared healthy on the day of deportation. In general, he added, "it should be that only healthy persons can be deported."
Christoph Hugenschmidt, speaking on behalf of the human rights group 'augenauf' (open eyes), accused du Boys-Reymond of hypocrisy. "We have documented dozens of cases where sick and unhealthy persons have been deported," he said.
To the police statement that Uzowulu was listed as as a drug-dealer, Hugenschmidt reacted by saying: "What does that mean? He was never convicted as a drug dealer!" The activist accused the police of slander and defamation in order to condone the Nigerian's death.
Switzerland has not adopted Schengen norms and still detains rejected asylum seekers for up to two years ahead of their repatriation.
Cristina Anglet, of the solidarity network 'Solinetz' in Zurich and who regularly visits deportation prisoners at the Zurich airport said that following Uzowulu's death at least 10 of the inmates had gone on a hunger strike. "I visited on Monday (Mar.22). On the fourth floor, where mostly Africans are imprisoned, almost everybody refused food. Additionally, I knew about people on hunger strike on the second floor."
Hugenschmidt is appalled by the authorities' efforts to play down the hunger strike. "Someone may just have died from the consequences of a hunger strike," he said. Several rights organisations such as Amnesty International and various cantonal left-wing parties have demanded an independent inquiry into Uzowulu's death.
Balthasar Glättli, secretary-general of 'Solidarité sans frontières' (Sosf), an organisation promoting migrants' rights, prefers an international body such as the Committee against Torture to investigate. "The department of public prosecution is the wrong body to probe, as its ties with the police are much too close."
As a Schengen state, Switzerland is obliged to implement the European Union's 'Return Directive' according to which it has to set up an effective forced return monitoring system by spring 2011. Amnesty International demands that no forced deportations are carried out without independent monitoring.
Sosf's Glättli remains sceptical: "Monitoring only makes sense if the deployed observers are present during the whole process. I'd prefer if deportees were accompanied by lawyers who could legally represent and defend them." Glättli says that during forced deportation detainees are often trussed up. "The authorities put up with the death of people."
Sosf states that the right of individuals to physical integrity, and therefore their protection from potentially deadly deportation procedures, have to be regarded as more important than Switzerland's desire to remove people from its territory.
This report was first published here by IPS Inter Press Service.
January 8, 2010
"Police Smash School for Undocumented Migrants"
The Zurich police have raided and demolished an autonomously run school where undocumented migrants held language classes. The raid came as the Swiss government admitted that its harsh treatment of undocumented asylum- seekers has partly failed, and following an announcement that it is again planning a revision of federal asylum law.
Several police officers, half of them in riot gear, stormed the Autonomous School Zurich (ASZ) Thursday. After chasing away the squatters and holding off protesting supporters with pepper spray, officers started confiscating teaching materials and technical utilities. The police partly demolished the single-storey building and removed its windows, leaving it uninhabitable.
The ASZ had started operating at the Allenmoos School on Zurich's outskirts last April, when activists squatted the empty building. The autonomous school operated according to do-it-yourself principles. Anyone could take, or offer, courses for free. As a result, a broad variety of training ranging from open-source computer courses to classes in solar energy fundamentals was available.
The biggest group using the facilities has been the grassroots association 'Education for All' founded by migrants and anti-racist activists to support undocumented migrants. The project is intended to be a form of resistance against exclusion, discrimination and oppression, the association claims.
Teacher Ruedi Salzmann who witnessed the police raid said he was taken aback. "We expected to stay until summer." The Zurich city council had said late November that it tolerated the occupation, and expected it to last until summer 2010, when construction for a new project was due to start. The city council argued that removing the squatters would only lead to further occupations and more costs as buildings would have to be guarded.
Michael Raissig, an activist with the Right-to-Stay Collective says many volunteers have invested a lot of time and energy in running the project. "It's a hard blow for us that all we've built up is demolished within a few hours and without prior warning."
Switzerland is estimated to host 100,000 to 200,000 so-called 'sans- papiers', undocumented migrants. Over the past few years, the country with a population of almost eight million has repeatedly tightened its asylum policy. In 2009, approximately 16,000 people applied for asylum in Switzerland, while about 5,000 asylum-seekers either 'voluntarily' left the country or were deported.
In September 2006, a harsh revision of the asylum law was accepted by 68 percent of voters. The revision meant asylum claims would only be looked into if the requesting person presented valid identification papers such as a passport. Some migrants don't bring identity papers with them; others who fled oppression were never issued papers by their authorities for political reasons.
In late December, the Swiss Federal Office for Migration came up with new proposals to "facilitate" the current asylum regime. It stated that certain measures such as the non-admission decision had failed to increase the number of asylums seekers properly declaring their identity, as in 2009 only 29 percent (compared to 26 percent in 2006) of the asylum seekers actually presented valid documents.
The Federal Office for Migration now plans to consider asylum claims even if the applicant doesn't present proper identity papers. But it intends to cut appeal deadlines for negative decisions by half to 15 days.
Harsh asylum laws have pushed more migrants into illegality, and their asylum claims were either denied in the first place or at a later stage during the regular process. 'Sans-papiers' teacher Ruedi Salzmann says for Swiss authorities asylum seekers "cease to exist as soon as they receive a negative decision. However, the fact is that they're still here." Through the squatted school for undocumented migrants, he said, these people became visible and audible again.
Bah Saidou, himself a 'sans-papiers', was one of the teachers at ASZ. He taught other migrants the basics of German language. He's upset about the police raid and says having no place to teach and learn has dire consequences for himself and his fellows, as learning the German language facilitated their integration into society. "Most of us live in emergency centres and don't have access to education. The autonomous school has for many of us been the only chance to educate."
Zurich police said they carried out the raid due to an illegal and dangerous electric cable installed by the squatters. Mario Cortesi, spokesperson for the city police, said the raid was due to security reasons; a caretaker from a nearby school suffered an electric shock when he checked the wires. The squatters say the city had offered to install a provisional cable but failed to do so, forcing them to help themselves.
"This is just a pretence to get rid of the school and oppose the unwelcome self-initiative by the 'sans-papiers'," says Michael Raissig. His colleague Saidou says if the problem was really only technical, matters could have been discussed together to find a solution. "But simply raiding the school and confiscating all our material isn't a solution."
Raissig says their project isn't dead. Teacher Salzmann says 'Education for All' is discussing future steps and that there's a strong consensus to continue. "We'll look for a new place and are ready to hold classes in public squares or facilities."
This report was first published here by IPS Inter Press Service.
Several police officers, half of them in riot gear, stormed the Autonomous School Zurich (ASZ) Thursday. After chasing away the squatters and holding off protesting supporters with pepper spray, officers started confiscating teaching materials and technical utilities. The police partly demolished the single-storey building and removed its windows, leaving it uninhabitable.
The ASZ had started operating at the Allenmoos School on Zurich's outskirts last April, when activists squatted the empty building. The autonomous school operated according to do-it-yourself principles. Anyone could take, or offer, courses for free. As a result, a broad variety of training ranging from open-source computer courses to classes in solar energy fundamentals was available.
The biggest group using the facilities has been the grassroots association 'Education for All' founded by migrants and anti-racist activists to support undocumented migrants. The project is intended to be a form of resistance against exclusion, discrimination and oppression, the association claims.
Teacher Ruedi Salzmann who witnessed the police raid said he was taken aback. "We expected to stay until summer." The Zurich city council had said late November that it tolerated the occupation, and expected it to last until summer 2010, when construction for a new project was due to start. The city council argued that removing the squatters would only lead to further occupations and more costs as buildings would have to be guarded.
Michael Raissig, an activist with the Right-to-Stay Collective says many volunteers have invested a lot of time and energy in running the project. "It's a hard blow for us that all we've built up is demolished within a few hours and without prior warning."
Switzerland is estimated to host 100,000 to 200,000 so-called 'sans- papiers', undocumented migrants. Over the past few years, the country with a population of almost eight million has repeatedly tightened its asylum policy. In 2009, approximately 16,000 people applied for asylum in Switzerland, while about 5,000 asylum-seekers either 'voluntarily' left the country or were deported.
In September 2006, a harsh revision of the asylum law was accepted by 68 percent of voters. The revision meant asylum claims would only be looked into if the requesting person presented valid identification papers such as a passport. Some migrants don't bring identity papers with them; others who fled oppression were never issued papers by their authorities for political reasons.
In late December, the Swiss Federal Office for Migration came up with new proposals to "facilitate" the current asylum regime. It stated that certain measures such as the non-admission decision had failed to increase the number of asylums seekers properly declaring their identity, as in 2009 only 29 percent (compared to 26 percent in 2006) of the asylum seekers actually presented valid documents.
The Federal Office for Migration now plans to consider asylum claims even if the applicant doesn't present proper identity papers. But it intends to cut appeal deadlines for negative decisions by half to 15 days.
Harsh asylum laws have pushed more migrants into illegality, and their asylum claims were either denied in the first place or at a later stage during the regular process. 'Sans-papiers' teacher Ruedi Salzmann says for Swiss authorities asylum seekers "cease to exist as soon as they receive a negative decision. However, the fact is that they're still here." Through the squatted school for undocumented migrants, he said, these people became visible and audible again.
Bah Saidou, himself a 'sans-papiers', was one of the teachers at ASZ. He taught other migrants the basics of German language. He's upset about the police raid and says having no place to teach and learn has dire consequences for himself and his fellows, as learning the German language facilitated their integration into society. "Most of us live in emergency centres and don't have access to education. The autonomous school has for many of us been the only chance to educate."
Zurich police said they carried out the raid due to an illegal and dangerous electric cable installed by the squatters. Mario Cortesi, spokesperson for the city police, said the raid was due to security reasons; a caretaker from a nearby school suffered an electric shock when he checked the wires. The squatters say the city had offered to install a provisional cable but failed to do so, forcing them to help themselves.
"This is just a pretence to get rid of the school and oppose the unwelcome self-initiative by the 'sans-papiers'," says Michael Raissig. His colleague Saidou says if the problem was really only technical, matters could have been discussed together to find a solution. "But simply raiding the school and confiscating all our material isn't a solution."
Raissig says their project isn't dead. Teacher Salzmann says 'Education for All' is discussing future steps and that there's a strong consensus to continue. "We'll look for a new place and are ready to hold classes in public squares or facilities."
This report was first published here by IPS Inter Press Service.
October 13, 2009
"Undocumented Migrants Run Their Own School"
Switzerland is a tough place for asylum-seekers and undocumented migrants. In Zurich, they have been running a remarkable campaign for the past year, challenging the canton's asylum policy. Now, they have opened their own school.
"Please show me your homework!" Bah Saidou tells his students. Some hand in their papers, others haven't done anything, and a few are new in the class. The classroom is packed full. The lesson of the day focuses on grammar. This isn't a regular school though, Saidou isn't a usual teacher, and the students aren't quite common either. The class takes place in a squatted, autonomous school, and Saidou is a so-called "sans-papiers" - an undocumented migrant. The more than 60 students in the class are asylum-seekers, immigrants with temporary admission, and people whose stay is illegal under Swiss law.
It is estimated that Switzerland is home to 100,000 to 200,000 sans-papiers. Among them, three main groups can be distinguished: the first group consists of those who entered the country on work permits, didn't get them renewed but decided to stay. Those who came to Switzerland looking for clandestine employment make up the second category. As a consequence of Switzerland's harsh asylum policy, a third group is steadily growing. It contains migrants whose asylum request was rejected or not even looked into, and refugees who've lost their temporary admission when they were asked to leave because their countries of origin where considered "safe to return".
Saidou, one of the teachers at the school, is from Guinea. He came to Switzerland in September 2002. A few months later, he received a so-called NEE, a "non-admissibility-decision" on his asylum claim. Despite being obliged to leave the country, he stayed, and has been living in Switzerland illegally for the past six years. When in January 2008 the new asylum law came into effect, Saidou's living conditions drastically worsened. No longer receiving social aid, he was placed in an emergency centre and has been surviving on minimal assistance provided by Zurich's Department of Social Affairs.
The new Swiss asylum law left a tiny door open for illegalised migrants: The "provision for cases of hardship" allows sans-papiers, who have lived in Switzerland for at least five years and have "integrated very well", to file a request for a residency permit. The cantonal authorities of Zurich, however, put extremely difficult conditions for applicants, such as comparatively high skills in German language. At the same time, undocumented migrants have neither opportunity nor the means to visit language classes.
In December 2008, a group of sans-papiers squatted at a church in Zurich for more than two weeks, demanding their right to stay in Switzerland, and better living conditions. "Shortly after the occupation of the church and the talks with the canton's council, we and our supporters decided to establish language classes on our own," says Saidou. The project started with about 30 people. Today it serves more than 150 students. Classes for three different language levels - A1, A2 and B1 - are held.
Berhanu Tesfaye is one of the students at the school. Born in Ethiopia, he fled to Switzerland in 2000 and was issued a NEE twice. Then he filed a request under the hardship provision, but failed: "My application was rejected because my German language skills weren't good enough", Tesfaye explains. "Then I came to the school. Three months later I successfully passed an exam in A2, and four months later in B1. The certificate allows me to hand in an application again."
Waiting for the class to begin, Joao Antonio from Angola says he's happy with the course. He's been living in Switzerland for the past 15 years, most of the time illegally. His situation worsened when the new asylum law came into effect: "I lost my job and my home. Now I live in an emergency centre. I want to apply for a residency permit under the hardship provision and improve my language skills, that's why I've come to the school."
For undocumented migrants, the school is the only way to learn German. A woman from Nigeria who prefers to remain anonymous explains: "I came here in 2002. In 2003 I was allowed to attend classes, but this was stopped in 2004. I received a NEE and was no longer permitted to attend language classes. This school is my only way to learn the language properly."
Another student, Sayyed Mohammad Mumi, says learning German facilitates his daily life. He fled from Somalia and came to Switzerland in 2008. His asylum request was rejected, but he obtained temporary admission to Switzerland because he currently can't be sent back to his homeland. "For the first six months of my stay, I could attend classes," Mumi says. "Because the follow-up course is booked up, I decided to join the class at the autonomous school."
Bah Saidou, Mumi's teacher, seems to enjoy teaching German. He's assisted by a lady from Zurich. Irene Holliger says she's amazed by the students' motivation to learn and the joy in their eyes. She regards her engagement as an act of solidarity: "I'm retired. I have free time and want to support the refugees. All of us work as volunteers."
Although the autonomous school is in a squatted building, some expenses accrue. Berhanu Tesfaye regrets that some students can't attend all three classes per week. "Many students live in emergency centres far away from the school. We've raised some money with fundraising meals and a party. This allows us to cover travel expenses for many of the students, but it's not sufficient." Sans-papiers receive the equivalent of 60-70 Swiss francs (about as many dollars) per week if they register at the Department of Migration in Zurich. The amount isn't paid in cash, but in cheques for the biggest Swiss supermarket chain Migros.
Hardly able to survive on their cheques, the sans-papiers are bound to spend all of the money at Migros. More than a year ago, they and their supporters started to undermine the authorities' practice. Once a week they gather at the Refugees Welcome Café in Zurich, where they can sell their cheques for cash. This allows the migrants to spend their limited income a little more freely, for example for train tickets.
Bah Saidou is disturbed by the fact that Swiss politicians keep demanding foreigners' integration into Swiss society, but don't give them an opportunity to do so. His colleague Berhanu Tesfaye agrees: "Integration consists of different aspects such as access to education, the labour market and decent housing. However, we have no chance to visit a school, are forbidden to work, and live in fenced-off emergency-centres often far away from towns and villages." The autonomous school sent letters to communal authorities, asking for financial support to cover people's travel costs. The call has remained unanswered so far.
Undocumented migrants live in constant fear of being arrested, imprisoned and deported. On the blackboard of Saidou's classroom, a picture reminds students of Maria Dennis Díaz, a fellow sans-papiers who was deported to Colombia on Sep. 20. Diaz had lived in Switzerland for 12 years. Her 17- year-old son Juan Jacobo was also arrested. Despite being under-age, he was separated from his mother and is currently in custody.
Nevertheless, Tesfaye says he isn't afraid of a police raid at the school. "The police know that I live in an emergency centre. If they want to arrest me, they can come there or send me a summoning. Learning a language isn't a criminal act anyway."
Zurich's authorities are aware of the school. Hans Hollenstein, the canton's security director, admits the school is doing something positive. "They allow the migrants some integration for the time being. We can tolerate that. However, I want to make clear that these people are illegally here and have to leave the country as soon as possible."
For the activists, the school isn't just about the language classes. Bah Saidou, a major contributor to the sans-papiers' campaign, explains: "This is my way to struggle. We have realised that we have to stick together. The school is part of our struggle." Since squatting the church last winter, Zurich's sans-papiers have kept demanding better living conditions. "Unlike Zurich, governments of other cantons have proved more flexibility with sans-papiers," adds Tesfaye. "That's why we've started to establish our own structures. After squatting the church, we've talked to a lot of politicians and succeeded in raising awareness for the conditions we're living in, but on the ground nothing has improved so far."
In mid-August, one of the sans-papiers' busiest activists, Ishmail Fayé, was arrested. The man from Sierra Leone had prevented several deportation attempts. For the past year, he lived under Zurich's emergency regime and was forced to move from one emergency centre to the next on a weekly basis. Currently in custody at Zurich's airport prison, Fayé speaks of the canton's policy: "They want us to leave the country. That's why they're applying this strict regime. They try to make your life unbearable, so you leave."
The campaign for collective regularization, the right to stay for all, faces a rocky path. While other European countries such as Italy or Spain have repeatedly granted collective regularisations for thousands of undocumented migrants, Switzerland's government remains far from even considering it an option.
This report was first published here by IPS Inter Press Service.
"Please show me your homework!" Bah Saidou tells his students. Some hand in their papers, others haven't done anything, and a few are new in the class. The classroom is packed full. The lesson of the day focuses on grammar. This isn't a regular school though, Saidou isn't a usual teacher, and the students aren't quite common either. The class takes place in a squatted, autonomous school, and Saidou is a so-called "sans-papiers" - an undocumented migrant. The more than 60 students in the class are asylum-seekers, immigrants with temporary admission, and people whose stay is illegal under Swiss law.
It is estimated that Switzerland is home to 100,000 to 200,000 sans-papiers. Among them, three main groups can be distinguished: the first group consists of those who entered the country on work permits, didn't get them renewed but decided to stay. Those who came to Switzerland looking for clandestine employment make up the second category. As a consequence of Switzerland's harsh asylum policy, a third group is steadily growing. It contains migrants whose asylum request was rejected or not even looked into, and refugees who've lost their temporary admission when they were asked to leave because their countries of origin where considered "safe to return".
Saidou, one of the teachers at the school, is from Guinea. He came to Switzerland in September 2002. A few months later, he received a so-called NEE, a "non-admissibility-decision" on his asylum claim. Despite being obliged to leave the country, he stayed, and has been living in Switzerland illegally for the past six years. When in January 2008 the new asylum law came into effect, Saidou's living conditions drastically worsened. No longer receiving social aid, he was placed in an emergency centre and has been surviving on minimal assistance provided by Zurich's Department of Social Affairs.
The new Swiss asylum law left a tiny door open for illegalised migrants: The "provision for cases of hardship" allows sans-papiers, who have lived in Switzerland for at least five years and have "integrated very well", to file a request for a residency permit. The cantonal authorities of Zurich, however, put extremely difficult conditions for applicants, such as comparatively high skills in German language. At the same time, undocumented migrants have neither opportunity nor the means to visit language classes.
In December 2008, a group of sans-papiers squatted at a church in Zurich for more than two weeks, demanding their right to stay in Switzerland, and better living conditions. "Shortly after the occupation of the church and the talks with the canton's council, we and our supporters decided to establish language classes on our own," says Saidou. The project started with about 30 people. Today it serves more than 150 students. Classes for three different language levels - A1, A2 and B1 - are held.
Berhanu Tesfaye is one of the students at the school. Born in Ethiopia, he fled to Switzerland in 2000 and was issued a NEE twice. Then he filed a request under the hardship provision, but failed: "My application was rejected because my German language skills weren't good enough", Tesfaye explains. "Then I came to the school. Three months later I successfully passed an exam in A2, and four months later in B1. The certificate allows me to hand in an application again."
Waiting for the class to begin, Joao Antonio from Angola says he's happy with the course. He's been living in Switzerland for the past 15 years, most of the time illegally. His situation worsened when the new asylum law came into effect: "I lost my job and my home. Now I live in an emergency centre. I want to apply for a residency permit under the hardship provision and improve my language skills, that's why I've come to the school."
For undocumented migrants, the school is the only way to learn German. A woman from Nigeria who prefers to remain anonymous explains: "I came here in 2002. In 2003 I was allowed to attend classes, but this was stopped in 2004. I received a NEE and was no longer permitted to attend language classes. This school is my only way to learn the language properly."
Another student, Sayyed Mohammad Mumi, says learning German facilitates his daily life. He fled from Somalia and came to Switzerland in 2008. His asylum request was rejected, but he obtained temporary admission to Switzerland because he currently can't be sent back to his homeland. "For the first six months of my stay, I could attend classes," Mumi says. "Because the follow-up course is booked up, I decided to join the class at the autonomous school."
Bah Saidou, Mumi's teacher, seems to enjoy teaching German. He's assisted by a lady from Zurich. Irene Holliger says she's amazed by the students' motivation to learn and the joy in their eyes. She regards her engagement as an act of solidarity: "I'm retired. I have free time and want to support the refugees. All of us work as volunteers."
Although the autonomous school is in a squatted building, some expenses accrue. Berhanu Tesfaye regrets that some students can't attend all three classes per week. "Many students live in emergency centres far away from the school. We've raised some money with fundraising meals and a party. This allows us to cover travel expenses for many of the students, but it's not sufficient." Sans-papiers receive the equivalent of 60-70 Swiss francs (about as many dollars) per week if they register at the Department of Migration in Zurich. The amount isn't paid in cash, but in cheques for the biggest Swiss supermarket chain Migros.
Hardly able to survive on their cheques, the sans-papiers are bound to spend all of the money at Migros. More than a year ago, they and their supporters started to undermine the authorities' practice. Once a week they gather at the Refugees Welcome Café in Zurich, where they can sell their cheques for cash. This allows the migrants to spend their limited income a little more freely, for example for train tickets.
Bah Saidou is disturbed by the fact that Swiss politicians keep demanding foreigners' integration into Swiss society, but don't give them an opportunity to do so. His colleague Berhanu Tesfaye agrees: "Integration consists of different aspects such as access to education, the labour market and decent housing. However, we have no chance to visit a school, are forbidden to work, and live in fenced-off emergency-centres often far away from towns and villages." The autonomous school sent letters to communal authorities, asking for financial support to cover people's travel costs. The call has remained unanswered so far.
Undocumented migrants live in constant fear of being arrested, imprisoned and deported. On the blackboard of Saidou's classroom, a picture reminds students of Maria Dennis Díaz, a fellow sans-papiers who was deported to Colombia on Sep. 20. Diaz had lived in Switzerland for 12 years. Her 17- year-old son Juan Jacobo was also arrested. Despite being under-age, he was separated from his mother and is currently in custody.
Nevertheless, Tesfaye says he isn't afraid of a police raid at the school. "The police know that I live in an emergency centre. If they want to arrest me, they can come there or send me a summoning. Learning a language isn't a criminal act anyway."
Zurich's authorities are aware of the school. Hans Hollenstein, the canton's security director, admits the school is doing something positive. "They allow the migrants some integration for the time being. We can tolerate that. However, I want to make clear that these people are illegally here and have to leave the country as soon as possible."
For the activists, the school isn't just about the language classes. Bah Saidou, a major contributor to the sans-papiers' campaign, explains: "This is my way to struggle. We have realised that we have to stick together. The school is part of our struggle." Since squatting the church last winter, Zurich's sans-papiers have kept demanding better living conditions. "Unlike Zurich, governments of other cantons have proved more flexibility with sans-papiers," adds Tesfaye. "That's why we've started to establish our own structures. After squatting the church, we've talked to a lot of politicians and succeeded in raising awareness for the conditions we're living in, but on the ground nothing has improved so far."
In mid-August, one of the sans-papiers' busiest activists, Ishmail Fayé, was arrested. The man from Sierra Leone had prevented several deportation attempts. For the past year, he lived under Zurich's emergency regime and was forced to move from one emergency centre to the next on a weekly basis. Currently in custody at Zurich's airport prison, Fayé speaks of the canton's policy: "They want us to leave the country. That's why they're applying this strict regime. They try to make your life unbearable, so you leave."
The campaign for collective regularization, the right to stay for all, faces a rocky path. While other European countries such as Italy or Spain have repeatedly granted collective regularisations for thousands of undocumented migrants, Switzerland's government remains far from even considering it an option.
This report was first published here by IPS Inter Press Service.
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