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HK a ‘hard place’ for asylum seekers

Jun 20th, 2012 | Media, Refugee Community | Comment

South China Morning Post – Simpson Cheung writes, Jun 20, 2012

The recognition rate of asylum seekers in Hong Kong is unacceptably low compared to Western countries, a local aid group said ahead of World Refugee Day today. The local office of the United Nations High Commissioner for Refugees said it recognised about 10 per cent of asylum seekers as refugees last year, without giving an exact figure. There were 149 recognised refugees in Hong Kong, and a further 638 awaiting the results of their applications as of last month.

However, Cosmo Beatson, the co-ordinator of Vision First, a local volunteer organisation that provides humanitarian services to UNHCR asylum seekers and refugees in Hong Kong, said the recognition figure was closer to 3%, and his group had pushed the Hong Kong government to sign the UN Convention Relating to the Status of Refugees. It would accord refugees in the city rights similar to those of residents while they await resettlement or local integration.

According to the UNHCR, asylum seekers and refugees in Hong Kong have access to government-provided humanitarian assistance including basic accommodation, food, clothing and toiletries, as well as reimbursement of petty cash for travelling expenses. In addition, the UNHCR provides HK$300 a month to each. However, even recognised refugees in Hong Kong are not allowed to work and must rely on charity for many of their needs. Only refugee children under 18 can receive education, at the government’s discretion.

“The figure is about 3% and actually tells us that the system is not doing its job,” Beatson said. “The recognition rate is extremely low, to the point that it is almost a joke.” According to recent official figures, the recognition rates for refugees in Britain and Australia, where the ethnic mix of asylum seekers was similar to that of Hong Kong, were 35 per cent and 38.3 per cent. Asylum seekers in Hong Kong face a long screening process with the UNHCR or Immigration Department, which has only accepted one torture claimant since 2008. If accepted as refugees, they must resettle elsewhere, as the city has no legal obligation to grant them residency.

Beatson said that while it was true some applicants lied to authorities to buy time in Hong Kong for economic reasons, the system also screened out genuine applicants who faced torture or even death back in their home countries. Beatson suggested that Hong Kong follow the UK and most European countries and allow asylum seekers to work if their applications are pending for more than six months. A government spokesman said extending the refugee convention to the city could subject it to abuse, given Hong Kong’s developed economy and liberal visa regime.

Vision First runs Hong Kong’s only refugee shelter

So near so far …

Jun 12th, 2012 | Media | Comment

The Standard – Eddie Luk writes on May 25, 2012

Building refugee camps is among extreme suggestions being put forward as a way to handle a challenging group of asylum-seekers. It comes from a New Territories politician who says some of the 5,900 asylum-seekers – mostly from Pakistan, India, Bangladesh and Indonesia – who claim to face torture in their countries mean trouble around his Yuen Long district, where many stay. Others recoil at the very idea of rolling back the years even in a limited way by creating camps like the ones that long blighted districts and islands – and society in general. For the days of Hong Kong handling refugees with a strong arm and behind walls and wire are a recent memory. The last of about a dozen camps that started to be set up for boat people in 1975 closed in 2000 after 143,000 mostly Vietnamese were resettled elsewhere, while 67,000 were repatriated and several thousands stayed here in a community largely created by refugee waves. Today, the United Nations goes about handling “standard” refugees who land here, while those claiming to face torture are handled separately by the Immigration Department.

A crunch is coming, however, for people in the torture-claim category even if it’s not the regimented life in a camp for them and, perhaps, their families. Trying to soften any new blows, claimants and the people who support them with food and shelter say it’s already a case of backs to the wall because they are forbidden to work. And with the 5,900 living from day today as cases are processed, they say, it’s no surprise a few are linked to crimes and illegal employment – topics that have become a minor clamor recently. The trouble is that claimants can drag out the screening process beyond reasonable time and thus delay final decisions. And few can await final decisions with confidence. Only one person has had a story of facing torture back home accepted by immigration checkers. Officers have booked 11,647 torture-fear cases in recent years. Among them, 1,716 were rejected, and we know 5,900 are pending. Of the other 4,030 cases, it’s likely some withdrew claims and moved on by choice.

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Stuck in HK’s bureaucratic purgatory

Jun 10th, 2012 | Media | Comment

SCMP – Simpson Cheung writes on Jun 10, 2012

A young African granted refugee status by the United Nations is angry at being denied an education and the right to work in Hong Kong. Amed (a pseudonym), 23, has been in the city for eight years, but since turning 18, no school has been willing to admit him. And as a non-permanent resident, he is not allowed to work. But providing education to refugees would make it easier for them to resettle elsewhere, community organisations say. For now, Amed is still waiting to be resettled in another country. He has been rejected by the United States and Canada, and has waited a year to hear from France. As such, he is forced to occupy his time by playing soccer, watching television, or window-shopping because he has no money. “How is it that I can be in Hong Kong without going to school for eight years?” Amed lamented. Among 146 UN-recognised refugees in Hong Kong, Amed arrived in the city in 2004 when he was 16 after fleeing a war in his home country, which he refused to name due to security reasons.

Two years later he was granted refugee status, but he has since lost all contact with his family. When he arrived, Amed was admitted to Delia Memorial School (Hip Wo) on an exceptional basis for an initiation programme by the then Education and Manpower Bureau. For six months he learned Cantonese and English and showed his talent by winning the most-improved student award. But he says he has since forgotten all the Cantonese. After the programme ended, he was told the government would not refer students over the age of 18 to schools, and that he would probably be leaving soon. So Amed personally applied to two schools, but did not hear from them. He also applied for courses ran by the Employee Retraining Board and the Vocational Training Council. But he was rejected because the law forbids him from working. Eager to learn, Amed thinks the government should provide him with an education. On his part, he has attended some English classes organised by non-governmental organisations, but he wants to study more advanced courses to improve his future prospects. “When you are allowed to go to another country, the knowledge you have gained in Hong Kong would make life easier,” he said.

Annie Lin, a community organiser with the Society of Community Organisation, said: “Those who are recognised as refugees should be allowed to work and young people should be allowed to study.” Currently, Amed is living in a Caritas shelter and gets HK$300 a month from the UN. The government pays his board and lodging. In a judicial review last year, the Court of First Instance ruled that the Immigration Department could review whether refugees could work on case-by-case basis. But no one has been allowed to as yet. The case would be appealed in September, Lin said. An Immigration Department spokesman says the 1951 UN Convention Relating to the Status of Refugees has not been extended to Hong Kong, and the city has no obligation to admit individuals seeking refugee status. He says education assistance is provided to child refugees on compassionate grounds and does not object to adults applying to any school on a self-financing basis. At the local office of the UN High Commissioner for Refugees, a spokesman says the agency would protect refugees awaiting resettlement from being deported.

TREE – the tshirt project

Jun 9th, 2012 | Media, Refugee Community | Comment

Refugee set, and left, adrift

Jun 2nd, 2012 | Media | Comment

The New York Times, June 2, 2012

Around the world, some 42.5 million vulnerable people were forcibly out of their homes and on the move in 2011, according to the office of the United Nations High Commissioner for Refugees. There are growing concerns that those numbers will get even worse in the face of armed conflicts and political violence that are increasingly exacerbated by climate change, population growth, rising food prices, natural disasters and struggles for scarce resources. According to António Guterres, the United Nations high commissioner for refugees, Africa and Asia are the most vulnerable regions. But new crises are appearing unpredictably — in the past year, thousands have been driven from their homes in Syria, Sudan, Mali, Yemen and Côte D’Ivoire — and will continue to grow. Since 2005, the agency’s caseload has expanded — from about 24 million, mostly internally displaced persons and refugees, to roughly 37 million at the end of 2010.

Today’s environment is also more chaotic. Instead of negotiating with governments for humanitarian access, the agency often must deal with multiple actors, including warlords and rebels and breakaway regions, even less subject to international pressure, law or shaming. The risk for aid workers and the displaced has increased. There is also a crisis of political will. The international community, preoccupied with financial and domestic crises, has been less willing to help — whether with money or diplomacy or offers of asylum. Take the 7.2 million refugees considered to be in “protracted exile,” meaning they may never go home again. The report said that everybody involved — host countries, countries of origin and donors — “seem less able to work together to find solutions.” There are no easy answers, but certain strategies stand out. In 2010, 94 percent of all resettled refugees went to just four countries: Australia, Canada, Sweden and the United States, which takes more than any other country. Surely there are scores of others that can also open their doors. Better systems for predicting crises and quickly responding to natural and man-made disasters would also help. As ever, the best solution is for the world to do a better job of pre-empting conflicts in the first place.

UNHCR launches flagship publication on State of the World’s Refugees

May 31st, 2012 | Advocacy, Media | Comment

NEW YORK, United States, 31 May 2012

UN High Commissioner for Refugees António Guterres warned on Thursday that factors causing mass population flight are growing and over the coming decade more people on the move will become refugees or displaced within their own country. In comments marking the launch in New York of “The State of the World’s Refugees: In Search of Solidarity” (PDF edition) Guterres said displacement from conflict was becoming compounded by a combination of causes, including climate change, population growth, urbanization, food insecurity, water scarcity and resource competition. All these factors are interacting with each other, increasing instability and conflict and forcing people to move. In a world that is becoming smaller and smaller, finding solutions, he said, would need determined international political will. “The world is creating displacement faster than it is producing solutions,” said Guterres. “And this means one thing only: more people trapped in exile over many years, unable to return home, to settle locally, or to move elsewhere. Global displacement is an inherently international problem and, as such, needs international solutions – and by this I mainly mean political solutions.”

Dadaab refugee camp in Northern Kenya

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Lost in asylum or lost in analysis?

May 31st, 2012 | Advocacy, Media | Comment

The Standard, “Lost in Asylum” by Eddie Luk, published May 18, 2012

An informed discussion about refugee issues in the news is welcome, however several points need clarification in The Standard’s article. The story, while providing interesting information on specific crimes, fails to make a clear distinction between ‘South Asian criminals’ and ‘South Asian asylum-seekers’, regrettably bunching both in one damaging misconception. The examples chosen by the reporter to support his views are at best misleading – as he labels everyone “South Asians” – and are further murking the waters of stereotypes and intolerance. The fact that some asylum-seekers are hired by criminals may be true, but what does this say about the asylum process? Could a previously honest individual turn to crime after years of abusive marginalization? What desperate conditions is she forced to endure? What support does he receive in the country of asylum? How can she meet financial obligations when barred from working legally?

The harsh reality is asylum-seekers, after selling food rations and what is salvaged from garbage, are *forced* to offer manpower in the informal economy of 3D jobs. This is the dirty, dangerous and demeaning work that citizens turn their nose on, but needs to be performed for the economy to function efficiently. On occasion these tasks are controlled by triad societies, making the connecting between the world of asylum and the world of crime, that slips into predictable vicious circle. We can’t simplistically blame the supply where there is pernicious demand, especially when such demand is structural and pre-exists the arrival of asylum-seekers. In other words, when a CAT claimant commits a felony, he relieves a domestic gangster from dirtying his hand – the culprits might have changed, but sadly the law would still have been broken. One could argue that South Asian criminals accepting lower-than-local-pay says more about the globalization of crime than lawless asylum-seekers. Similarly the city has witnessed trigger-happy Mainlanders running amok on the streets, yet we don’t equate these with the big-spenders in the malls, though both entered under the same Immigration scheme. The analogy could continue with Thai massage ladies entering on tourist visas and other common abuses of the Immigration Ordinance. To this end, this article is unconvincing in shedding light on the criminality of asylum-seekers in general and South Asian ones in particular.

Moreover, the story’s arguments about asylum abuse are laughable. The evidence does point towards most CAT claimants delaying their case with stalling tactics, like failing to show up, presenting late evidence, calling sick, changing lawyers or phones, etc. However, is this malicious behaviour or a plausible survival strategy? Let’s imagine being in their uncomfortable shoes and facing such bleak prospects. For example, if you were a Tamil Srilankan and were about to be deported to face torture our ImmD doesn’t consider ‘likely’ would you cooperate with procedures? If you were a Pakistani fleeing tribal/Taleban/tyrannical persecution, would you facilitate your return into harm’s way? We might note these individuals are acutely aware every single torture claim of 1,717 was rejected, between Jan 2010 and Apr 2012, leading to immediate deportation procedures. They know there was one success in 2500 cases, which means the odds of success are an unreachable 2500 to 1. Indeed why are we surprised claimants resort to every legal stratagem to delay the inevitable? In substance, many stall their cases, not because they are unfounded (maybe some are), but because the system is flawed and designed to invariably fail everyone. This raises the question: how can 2500 claimants all be liars? Meanwhile, it’s understandable that anyone fearing for her life delays deportation, even if at times such behaviour might be construed as abusing the system. Why should we be surprised that 5.8% of rejected claimants were prosecuted for overstaying or illegally remaining? Rather it’s surprising the percentage isn’t higher with such widespread fear of returning home. Perhaps we might inquire how CIC detention numbers are rising and how many volunteered for repatriation. Predictably, until we see changes in CAT results we won’t see asylum-seekers rushing in to complete interview processes.

BBC: Ivy League education free on the web

May 16th, 2012 | Advocacy, Media, VF updates, programs, events | Comment

Many school children shed sweat and tears to pursue the privilege of a top university education. But only a lucky few will make the grade and then they will have to fund it. The tech world however is full of visionaries intent on disrupting traditional establishments. BBC Click’s Sumi Das reports on a brand new project which is already causing ripples around the globe as it is making a top notch education available to anyone, anywhere and for free.

“I have waited many years to see something like this that would empower working people, poor people, and isolated ones, to learn at the top level from the best in a more accessible way.”

http://www.udacity.com/
http://www.udemy.com/
http://mitx.mit.edu/
http://www.apple.com/education/itunes-u/
https://www.coursera.org/

click to play video

Wax warriors fundraiser

May 12th, 2012 | Media, VF updates, programs, events | Comment

Coast 28 May – fundraising for Duvalld

Apr 17th, 2012 | Media, Personal Experiences | Comment

http://visionfirstnow.org/2011/05/26/inspiring-congo-student-faces-final-harrowing-test/

SCMP article May 2011 

SCMP article 22 April 2012

 

 

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