IRISH CONGRESS OF TRADE UNIONS
Note for Executive Council Meeting, 20th
September, 2000
on
Refugees and Asylum Seekers
1.
In July, 1998 the Executive
Council adopted a policy document on refugees and asylum seekers in Ireland
which has informed trade union policy and actions in this area since then. Having regard to on-going developments, the
following document updates the original policy statement and makes a number of
further recommendations for legislative and other changes in relation to
government policy and strategy. This document has been drafted in consultation
with a number of affiliated unions and voluntary groups and organisations[1]
working with refugees and asylum seekers.
2.
In recognition of the role which
trade unions can and should play in promoting a positive response to the
challenges and opportunities which this situation presents, Congress and its
affiliated organisations (trade unions, Trades Councils and Congress Resource
Centres) have undertaken a number of important initiatives since the adoption
of the policy statement in July, 1998.
A summary of Congress initiatives which have already taken place or are
planned over the coming months is set down in Appendix I to the submission.
3.
It is recommended that the attached submission be forwarded to John O’Donoghue,
Minister for Justice, Equality and Law Reform with a request for a meeting to
discuss its recommendations.
Patricia O'Donovan
Deputy General Secretary 12th
September, 2000
IRISH
CONGRESS OF TRADE UNIONS
Submission to the Minister for Justice,
Equality and Law Reform
REFUGEES AND ASYLUM SEEKERS
1.
Background
1.1. In July, 1998 the Executive Council adopted a comprehensive policy document on the question of refugees and asylum seekers in Ireland which included a number of recommendations for legislative and policy changes. These recommendations were forwarded to the Minister for Justice, Equality and Law Reform and covered the following issues:
¨ the
procedures for dealing with asylum applicants,
¨ the
need for a speedy, independent and fair asylum process in accordance with the
principles laid down in the Refugee Act, 1996,
¨
the introduction of a policy to allow asylum
seekers the right to work and study after six months, and
¨
requesting the Minister to set an early date
for the full implementation of the Refugee Act, 1996.
1.2
Since then, there has been a
steady increase in the number of applications for asylum in Ireland reaching
1,000 per month in the second half of 1999.
This levelled off at this number in early 2000, with a slight reduction
in the monthly figures in May and June, 2000. The following table illustrates
developments since 1998:
|
Year
|
1998 |
1999 |
2000 |
|
Applications |
4626 |
7724 |
5,327 (June 30th) |
|
Granted Refugee Status |
3-8% |
3-8% |
|
1.3 In 1998 and 1999, between 3% and 8% of
those applying for asylum in Ireland were actually granted refugee status. It is estimated that there are 4,700 people whose applications for asylum have been considered
and rejected but who have not yet been requested to leave the country. At the end of March,
2000 the total number of unprocessed applications exceeded 11,400.
1.4 It is estimated that there
will be upwards of 9,600 new asylum applications in the course of 2000. This has led to a growing backlog of cases.
At the end of June, there was a total of
12,398 cases on hand including 355
from 1997 and a handful of cases from 1996.
Decisions on applications numbered 572 in May and 580 in June. In this 2-month period, ninety-two people
were granted refugee status, 1,060 had their application turned down and 1
person was given ‘temporary leave to remain.’
So far this year, there has been a significant monthly increase in the
number of cases found to be ‘manifestly unfounded’ rising from 46 in January to
246 by June. There are now approximately
15,400 people who are residing legally in Ireland but are neither recognised as
refugees or immigrants admitted under immigration regulations.
1.5
While clearly the primary responsibility for creating the proper
legislative and institutional framework rests with Government, the trade union
movement can play, and indeed Congress believes has a responsibility to play,
an important role in ensuring that the transition to an intercultural society
in Ireland is made in a way which respects diversity. In this context, Congress and its affiliated organisations have
undertaken a number of initiatives over the last year designed to combat racism
and will continue to do so in the future in partnership with government
agencies and with other organisations and groups working in this area (see
Appendix I).
2. Developments since
1998
There have been major policy and legislative
developments since 1998. Some of these
developments have been very positive but unfortunately others have contributed
to a negative and defensive approach to and perception of the many challenges
which the increase in refugees and asylum seekers presents. In response to these and other developments,
Congress wishes to submit the following observations and recommendations to the
Minister for consideration in the context of the need to continually review and
update legislation, policies and actions in the light of rapidly changing
circumstances.
2.1 The Right to
Work
In general terms, asylum seekers in Ireland still do not have the
right to work except for those who were in the country in July, 1999 and had
been resident here for 12 months. Under
this scheme, those who had applied for asylum up to the cut-off date of July
26th, 1999 are able to take up employment provided they have spent one full
year in the country. The last such
group reached the point of entitlement to work on July 26th,
2000. The total number of those
qualified to work under this scheme by the end of June, 2000 was 3,239. One hundred of these people are currently
taking part in work schemes, a further 1,030 are no longer claiming social
welfare benefits and the remaining 2,109 people are claiming a social welfare
assistance payment.[2] FÁS has
established two units (Tallaght and Blanchardstown) to train refugees and
asylum seekers with the right to work (English language, computers and CV
preparation).
Observations and Recommendations
Many existing studies illustrate that the right to work is
essential for a number of reasons including adequate income, feeling of worth
and human dignity, interaction with local communities and challenging
stereotypes to which asylum seekers are subjected. Congress considers that the current situation is totally
unacceptable and reiterates its demand that the right to work is extended to
all asylum seekers within six months of their original application. Eligibility
to attend FÁS courses and the right to English language classes should also be
extended to asylum seekers.
Official policy is to address the backlog of applications as
quickly as possible and to process all new applications within six months,
having due regard to the rights of the applicant. The Department of Justice, Equality and Law Reform recently
announced the allocation of major additional resources aimed at speeding up
processing times in respect of asylum applications, including appeals, and to
deal with the consequential increase in the level of repatriations of people
whose applications for refugee status are unsuccessful. The Minister has received Government
approval for the immediate recruitment of 370 additional staff for asylum case
processing and appeals, and to deal with consequential repatriations.
The Refugee Act was introduced in 1996 to put Ireland’s asylum
procedures on a statutory footing and to give legal effect to the 1951 Geneva
Convention and Protocol by providing a legal basis for processing
applications from asylum seekers in accordance with the obligations under the
UN Convention. The 1996 Act was amended
by the Immigration Act, 1999 which sets out deportation procedures but is not
yet fully in effect. Some of the
deportation provisions in the Immigration Act, 1999 are further amended by the
Illegal Immigrants (Trafficking) Act, 2000 which was recently held to be
constitutional by the Supreme Court. Full implementation of the Refugee Act,
1996 will make the current procedures for processing cases independent and
place the rights of refugees on a statutory basis. An independent Refugee Applications Commissioner
has just been appointed and will now (in place of the Minister) take decisions
on applications for asylum. There will also be a Refugee Appeals Tribunal.
Observations and Recommendations
Congress is still very concerned about the current processing of
asylum applications particularly the long delay in many cases and the increase
in the number of claims being found to be ‘manifestly unfounded’. Congress strongly reiterates its call for a speedy, independent,
full and fair asylum process in accordance with the principles laid down in the
Refugee Act, 1996.
Congress welcomes the commitment to allocate new resources to
reduce delays. However, given that it
will take considerable time to make an impact on the backlog and given the
current labour market climate, Congress considers that some mechanism must be
found to allow those applicants whose cases have not been successful and
who have not yet been asked to leave to apply for immigrant status thereby
enabling them to work. This would be a
much more humane and practical solution than mass deportations of those whose
applications have been unsuccessful and who have been in the country for a
considerable period with no legal status because of the huge delays in dealing
with their applications.
Residential centres are a key part of the dispersal and direct
provision policy introduced earlier this year.
This has led to 1,814 people being relocated in 40 centres across 14
counties. While there are positive
aspects to this policy, evidence from those seeking to support those asylum
seekers who have been dispersed (including the Congress Resource Centres)
indicates that the following serious issues still need to be addressed:
-
the build up of frustration of
asylum seekers who are left with a lot of time on their hands and virtually no
resources,
-
the potential institutionalisation
and isolation of asylum seekers and its impact on integration policy,
-
the need for more appropriate
and flexible accommodation policies, particularly for families with children,
-
the isolation and distance from
services (including legal aid) associated with residential centres in isolated
rural areas,
-
some asylum seekers are already
leaving residential centres and seeking accommodation in other areas due to the
above factors.
Observations and Recommendations
The present accommodation policy should be revised with a view to
developing a range of other accommodation solutions and a greater element of
choice and flexibility. These should
include:
-
residential centres as an
interim or first stage measure,
-
a time limit of 6 months should
be placed on the length of time that someone is required to live in a
residential centre, following which they should be offered or facilitated to
find alternative accommodation,
-
persons leaving accommodation
after six months should be allowed the normal rent allowances,
-
ensure that there is no
overcrowding (e.g. eliminate the practice of placing entire families with
children in one room) in line with the housing policies of local authorities,
-
all reasonable efforts should be
made to avoid tension between people of different nationalities residing in the
same accommodation,
-
sufficient privacy and provision
for both sexes,
-
high standard of accommodation
with adequate ratio of toilets, showers, etc.,
-
adequate communal/recreational
space,
-
catering/kitchen facilities
should meet environmental health standards.
Adult asylum seekers who get full-board accommodation are entitled
to an income of £15 per week and £7.50 per child on top of full board and
lodgings (direct provision). This replaces the normal Supplementary Welfare
Allowance of £76 per week and the Rent Allowance. The payments related to adults
and their dependants arising out of direct provision are considered wholly
inadequate by asylum seekers and groups working closely with them. It is not enough to protect asylum seekers
from social isolation and effective daily confinement to the provided
accommodation. A reasonably socially
active rate of payment (using the models used to calculate this for other
groups) has been calculated at £31.67.
The Department of Social, Community and Family Affairs has
recently established a working group to look at specific aspects of
Supplementary Welfare Allowance and representations have been made to this
group on the inadequacy of such payments.
It is also important to note that the legislation governing SWA provides
that the payment is available to ‘every
person in the State’ with insufficient means, not just citizens. Congress believes that treating asylum
seekers differently through direct provision or vouchers is a form of
discrimination.
Observations and Recommendations
In relation to the direct provision policy, Congress is requesting
the government to adhere to the
following basic principles when assessing eligibility for a Supplementary
Welfare Allowance payment:
-
all assessments should be
non-discriminatory and equitable,
-
no group, including asylum
seekers, should be treated differently because of nationality, ethnicity or any
other group association,
-
assessments should be based on
the norms applied to Irish citizens in similar circumstances.
The change of policy on this matter should be dealt with in Budget
2001.
2.5 Directorate
of Asylum Services
The Directorate of Asylum Services (DASS) was established as a unit within the Department of Justice, Equality and Law Reform. A number of staff from other government departments and health boards was seconded to the DASS. The Government has now decided to set up a new statutory agency to be called the Reception and Integration Agency (RIA) with the following functions:
- planning and co-ordinating provision of services to both asylum seekers and refugees,
-
co-ordinating and implementing
integration policy for those allowed to stay,
-
responding to crisis situations
which result in the arrival of large numbers of asylum seekers in Ireland.
Observations and Recommendations
Congress welcomes the establishment of the Reception and Integration
Agency but would like to stress the need for a clear separation between
the organs of state dealing with asylum applications and the services providing
care.
2.6 Refugee
Advisory Board
A Refugee Advisory Board is
to be established. The board will consist of a chairperson and 14 ordinary
members appointed by the Minister, 7 of who would be representatives of
government departments. The board will
submit a report to the Minister every 2 years beginning in 2001 on issues
related to asylum and refugee policy.
The planned timeframe for establishment of the Board was Summer, 2000.
Observations and Recommendations
Congress welcomes the
establishment of the Refugee Advisory Board. The Task Force on the Travelling People could be considered as an
appropriate model to inform the work and approach of the board and the
implementation of its recommendations. In this context, Congress recommends:
-
that the process/criteria for
selecting the non-departmental places on the board should be transparent,
-
that trade unions, voluntary and
community organisations working closely with refugees and asylum seekers should
be represented on the board,
-
that voluntary and community
organisations and other interested bodies should be consulted on the terms of
reference,
-
resources should be made
available for local support groups working in partnership with refugees and
asylum seekers on issues such as immigration, building intercultural
communities and tackling racism.
A bilateral agreement with Romania has
recently been signed to assist in the repatriation of Romanian nationals whose
applications for asylum have been refused.
In addition, two Romanian police officers will shortly be assisting the
Irish authorities in repatriating Romanian asylum seekers.
Observations and Recommendations
The human rights situation in Romania
has given cause for concern and the EU has raised questions about the treatment
of the Roma in Romania who constitute a substantial proportion of the Romanian
asylum seekers in Ireland. It is also
proposed to enter into a readmission agreement with Nigeria and to have members
of their police in Ireland. The human rights situation in Nigeria has also been
the subject of international concern.
For these reasons, it is important to ensure that the role of foreign
police officers is clarified and monitored and that the necessary safeguards
are built in to ensure that the necessary checks and balances are in place to
counteract any potential for prejudice.
It is estimated that
there are around 4,700 asylum seekers whose applications have been processed
and rejected and who are consequently liable to deportation. The Minister for Justice, Equality and Law
Reform has stated that deportations of these people will be undertaken and has
announced a range of new legal powers and additional measures including the
establishment of a new Garda National Immigration Bureau with power to detain
asylum seekers subject to deportation. Such detention is provided for in the
Immigration Act, 1999.
Observations and Recommendations
It is essential to put in place proper
facilities and arrangements to ensure that deportations take place in
circumstances where the rights of the individuals concerned are fully respected
and their dignity as human beings is maintained. Powers of detention should only
be exercised as a last resort and the conditions of detention should be
consistent with the highest international standards. Before these new powers
are exercised, the safeguards for those detained should be clarified and this
information should be made available to all those concerned.
APPENDIX I
List of Congress Initiatives and Activities
1.
Liaison Group established in May, 2000 between
Congress, representatives of affiliated unions and voluntary and community
organisations working with refugees and asylum seekers. This Group is chaired by the President of
Congress, Inez McCormack.
2.
Materials for use on trade union education and
training courses are being prepared and will be available by the end of
September, 2000 This will enable a
special module on Promoting Diversity in the Workplace to be incorporated into
trade union education and training courses.
3.
The
Congress Network of Unemployed Centres:
¨ visited a Resource Centre in Liverpool in June, 2000 to examine
their role in promoting anti-racist work in their communities,
¨ established liaison with the Refugee Project and the
Refugee Council to link up local
representatives particularly in those locations around the country where
centres have been established,
¨ a one-day conference on the theme of
‘Diversity and Multiculturalism in Local Communities’ was held on 26th
July, 2000. This was attended by trade union representatives from local
development bodies (Area-Based Partnership, County and City Development Boards,
Strategic Policy Committees, Trades Councils, Unemployed Centres).
4.
Congress is represented on the Immigration
Policy Advisory Group in the Department of Enterprise, Trade and
Employment.
6. An Anti-Racist Workplace Week is
scheduled from 6 - 10th November, 2000. This is being organised in
conjunction with IBEC, CIF and the Equality Authority. A pack of materials is being prepared and
Congress and a number of unions are involved in organising a range of workplace
activities which will take place during that week.
[1] SIPTU, IMPACT, Congress Resource Centres, Irish Refugee Council, The Refugee Project, Irish Commission for Justice and Peace, National Committee on Racism and Interculturalism, Irish Council for Civil Liberties, Association of Refugees and Asylum Seekers, Ireland and the Equality Authority.
[2] Source: Department of Social, Community and Family Affairs