Untold Stories – 26 March 2013
Mar 5th, 2013 | VF updates, programs, events | Comment
Please click here to register http://untoldstorieshk.eventbrite.com
Hong Kong should help refugees live in dignity
Mar 5th, 2013 | Media | Comment
Statistics about the number of refugees in the world tend to be mind-numbing. They do not do justice to their precarious plight. A simple example does it better, such as a letter from the Office of the United Nations High Commissioner for Refugees in Hong Kong crying poor. It informs the city’s 132 people with official refugee status that the UNHCR is cutting their monthly cash assistance from HK$500 to – nothing. The organisation blames the drain on its financial resources of events around the world, including a wide range of natural disasters and fierce conflicts, such as the civil war in Syria and violent regime change resulting from the “Arab Spring”.
The refugees do not have the right to work. This leaves them totally dependent on government rent assistance of HK$1,200 a month paid to landlords, groceries every 10 days and assistance with other basic necessities such as toiletries and transport to appointments with UNHCR or the government. Refugees have long ceased to pose a challenge to Hong Kong society, which was once a haven for Vietnamese fleeing political turmoil. But, for officialdom, memories of those times die hard. It is understandable that the government is wary of opening the floodgates to refugee claimants. But that seems a weak reason to leave refugee screening to the UNHCR and turn our backs on genuine cases.
Although the government has sought to fill the UN funding gap in the past by extending its humanitarian assistance programme, refugee groups understandably find the latest cuts unacceptable. There is a genuine concern that refugees may turn to crime if they are struggling to make ends meet. It is, therefore, in the public interest that they are enabled to live with dignity while they await settlement elsewhere. It seems odd that Hong Kong is signatory to the convention against torture, which has led to hundreds of asylum claims, but not the UN convention relating to the status of refugees. We set great store by good safeguards for fundamental rights for citizens. The same spirit should prevail for those who turn to us for help.
Refugees tell Vision First they are fed up with UNHCR’s indifference and negligence
Africans take Hong Kong’s refugee vetting system to High Court
Mar 5th, 2013 | Media | Comment
Joyce Man writes for South China Morning Post on 5 March 2013
Three African men have taken their challenge against Hong Kong’s system for vetting refugee claims to the highest court, arguing that the government must assess the applications itself rather than passing the responsibility on to the UNHCR. Lawyers for the men, who have not been identified by name, are making their case at the Court of Final Appeal on Tuesday, after previous rulings against them by lower courts. The United Nations High Commissioner for Refugees, which handles refugee claims in Hong Kong, currently handles all refugee claims as Hong Kong is not a signatory to the United Nations Convention Relating to the Status of Refugees, and is therefore not subject to obligations under it.
But the men are arguing that Hong Kong has obligations under international law, including that it must abide by the principle of non-refoulement – that is, it must not send a person back to a place where they may be persecuted. Their lawyer, Michael Fordham QC, said in court that non-refoulement was a fundamental part of customary international law, from which no government is exempt, and that Hong Kong therefore has a duty to abide by it. The government has a duty to “make an informed and fair decision”, Fordham said and must conduct an inquiry into refugee claims to assess them. The appeal, which began on Tuesday, is scheduled to last three days.
The men – one in his 20s and two in their 30s – remain in Hong Kong. All three earlier had their applications for refugee status rejected by the UNHCR, as well as their appeals. One man comes from the Democratic Republic of Congo, and two from the Republic of Congo. The man from the Democratic Republic of Congo is an ethnic Tutsi who says he had been trained as an army intelligence officer. He claims he could not leave his unit, which had committed human rights abuses, without endangering his life and his family. He said he was arrested in 1998 and tortured, before fleeing to Rwanda, then Uganda, Korea and finally Hong Kong in 2004. One of the claimants from the Republic of Congo claims he had to flee the country after being pursued by a gang. He arrived in Hong Kong in 2004, after travelling to Ethiopia and Thailand. The last appellant claims he was forced to flee after distributing literature for and supporting an opposition political party in his country. He arrived in Hong Kong in 2003. The hearing continues.
Appeal for action: Lakshan Dias
Mar 3rd, 2013 | Advocacy | Comment
We are deeply concerned about this disturbing news: “Since 22 February Sri Lankan human rights lawyer Lakshan Dias has reported being followed and under surveillance by unidentified men who have sought information about him from his wife and neighbours. Colleagues are concerned that he is in danger of enforced disappearance and physical violence.” Amnesty International warns that the life of Srilankan human rights activist Lakshan Dias is in danger. He is a prominent human rights lawyer who has been active in opposing the impeachment of the Chief Justice of Sri Lanka’s Supreme Court in January. Lakshan is a friend of Vision First and an Asia Pacific Refugee Rights Network (APRRN) Steering Committee member. He is also respected by local Srilankans having practiced and assisted many countrymen seeking refuge in Hong Kong. Last month he warned the international community that he was followed and intimidated by unknown individuals with sinister intentions. The reasons for this climate of fear are unclear, though most likely relate to his high-profile human rights work. Several other lawyers have received death threats for engaging in protests advocating independence of the judiciary. Judges have also been threatened and attacked. In solidarity we post this appeal for action. We hope this news will also reach the relevant authorities, including UNHCR and Hong Kong Immigration Department, who may too hastily reject claims on the assumption that Sri Lanka is a safe country.
The best things in life are free!
Mar 3rd, 2013 | Personal Experiences, Refugee Community | Comment
Hello, my name is Monica and I am a MSW candidate at HKU, as well as a Vision First intern. Over the past months we have organized a well-attended programs for VF ladies to come together for support, solidarity and a little fun – something sorely missing in their current lives. Last Wednesday, a group of refugee women, together with their children, had a great time at Deep Water Bay Beach, a place where none of them had been before, despite being a short bus ride from Central. These ladies, coming from different countries, are members of the Vision First “Cooking & Storytelling Group”. There are few things women like better than chatting while sharing cooking tips and stories about their families, countries and experiences. They have happily attended this group weekly for three months already and have formed deep, supporting friendship with one another. It was the first time these ladies left the concrete jungle behind to enjoy sunshine and fresh air in Hong Kong – the best things in life are truly free!
“I really want to thank you for giving us such a beautiful day!” Magda from East Africa said to volunteers at the end of the outing. As a matter of fact, the ladies themselves contribute greatly to the preparation. Some helped to bring members who did not know the location, some brought BBQ materials and carried all the way to the beach, some took care of the children when others were busy broiling the food. To them, cooking and sharing had become a delightful way to fight the anxieties in refugees’ lives and also make new friends. And the sunshine and fresh air on the bay area indeed relieved them from Hong Kong’s merciless city life. On a bright sunny day like this, the ladies could finally wear their beautiful make up, put on their colorful dresses and be who they truly are. As Fatima walked to the beach, she stood in the middle of the ocean water and looked into the far way mountains, she seemed to be embracing her moment of Zen.
The children also had a lot of fun. They quickly became friends and played together. They climbed up near the fence to watch the boats floating on the water; they chased each other through the paths between the BBQ sites; they hide from their moms who were eager to check how much food was left in their mouths. Then they held hands and posed expertly for the camera, as if they were stars on a magazine shoot! After the BBQ, the ladies and children went to the beach to play by the water together. Rashmi with her son and a friend’s little girl went into the bay and had a fun water fight. Their clothes were soaked, but their laughter was like music. The picture of Rashmi gently holding her boy in the middle of the water, became a touching memory to the volunteers. However, nobody would argue that this photo below perfectly captures the wonderful spirit of that sunny afternoon of friendship and hope.
“Yes we can” by Emmanuel Prah
Mar 1st, 2013 | Refugee Community | Comment
Here is a song composed and sung by our very own Emmanuel Prah, a man with a deep soul. He came to Hong Kong to seek refuge in 2005 and experienced the many ups and downs of this experience – mostly downs actually. A passionate musician, Emmanuel contributes his talent to several churches and finds in music the consolation and hope that reality deprive him of. In a friend’s home studio, he arranges and records songs that witness the unconquered spirit of marginalized souls who enduringly refuse to stay down when trodden upon. In September 2012 his torture claim was predictably rejected. The Notice of Determination explained that, “your country is taking charge of those who are torturing people and now there is no danger there.” Understandably, our friend wasn’t willing to accept HK Government’s assurance on the matter!
What is noteworthy is that Emmanuel is married to a lovely Hong Kong wife and the couple had already applied for a dependent visa. Given these circumstances no consideration, Immigration proceeded to arrest and detain a ‘future citizen’ with the firm intention of removing him from the city. There are many individuals in this position and Vision First regrets Immigration’s lack of consideration towards those married to Hong Kong partners – who will in due process become fellow citizens. It appears to us shortsighted and counterproductive to incarcerate the legitimate spouses, and often parents, of HK citizens for failing to secure international protection against Immigration’s 100% rejection rate. What message are the authorities sending their soon-to-be compatriots? What do children think of a government that removes their parents?
Please click here to listen to Emmanuel’s “Yes we can” … dedicated to the overworked folk at Immigration Department.
Click the picture to listen to “Yes we can” by Emmanuel Prah
UNHCR withdraws the cash allowance to Hong Kong refugees
Feb 28th, 2013 | Advocacy, Media | Comment
Betty Cheng writes for Oriental Daily on 27 February 2013
聯國撤港難民現金津貼
現時尚有一百一十名難民滯留本港, 惟聯合國難民署駐港辦事處近日接獲總署通知，
今年七月起削減支出，取消向在港難民提供每月五百元現金津貼。
有志願團體指，由於難民不能在港工作，每月接受港府提供的租金津貼及糧食，不足以應付生活開支，若難民署再停止發放現金津貼，將令難民生活更加困苦，要求港府施以援手，向在港難民提供實報實銷租金津貼，以解燃眉之急。
7．1起實施 生活更困難 – 聯合國難民署駐港職員莊小姐向本報表示，由於全球難民問題嚴峻，位於瑞士的總署將在世界各地分署削減開支，故本港分署亦難以幸免，今年七月一日開始會取消向在港難民提供的五百元現金津貼，該署亦明白取消津貼後，難民生活會更加困難，正聯絡志願團體向難民提供協助。
一直協助在港難民的志願團體Vision First負責人Cosmo Beatson指，由於難民不能在港工作，沒有收入，雖然港府會向每名難民支付約一千二百元租金津貼，及每十日提供糧食，但因本港租金昂貴，在深水埗租住一個房間至少要一千八百元，故難民署取消五百元津貼，將令難民生活更加困難，故希望港府能伸出援手，向難民提供實報實銷的租金津貼。
Launching the Cultural Diversity Playgroup
Sep 7th, 2012 | VF updates, programs, events | Comment
Bearing Witness to Refugees’ Experience
Sep 2nd, 2012 | Advocacy, Media | Comment
http://www.newexistentialists.com/posts/08-23-12
One of the things that we existential psychologists take seriously is the existence of evil in the world. It is so painful for me when I become aware of how much evil and pain is perpetrated in the world for various reasons. The pain is such that I prefer not to think about most of the time. When I do take time to think about it, I am baffled, angry and exasperated with how much trauma and suffering is inflicted by a few upon so many, while it takes legions of heroic individuals to help just a few of these victims. It makes little sense to me. The philosophic and theological answers regarding free will provide me with limited comfort. What make some sense to me are the words of Viktor Frankl who taught us in his book Man’s Search for Meaning:
As each situation in life represents a challenge to man and presents a problem for him to solve, the question of the meaning of life may actually be reversed. Ultimately, man should not ask what the meaning of his life is, but rather he must recognize that it is he who is asked. It does not really matter what we expect from life, but rather what life expects from us. In a word, each man is questioned by life; and he can only answer to life by answering for his own life; to life, he can only respond by being responsible.
As each situation in life represents a challenge to man and presents a problem for him to solve, the question of the meaning of life may actually be reversed. Ultimately, man should not ask what the meaning of his life is, but rather he must recognize that it is he who is asked. It does not really matter what we expect from life, but rather what life expects from us. In a word, each man is questioned by life; and he can only answer to life by answering for his own life; to life, he can only respond by being responsible. A big part of what promotes my denial and avoidance is the sense of helplessness that I feel whenever I ponder the scope of the suffering that takes place. I hate this feeling of helplessness. Yet, it is the same helplessness that lawyers at the Hong Kong Refugee Advice Center face on a regular basis. The unsung heroes and heroines at the HKRAC persist every day despite struggling with their own sense of helplessness. Often, they will take on refugee cases applying for asylum even though at the outset, they know that the case has virtually no chance of success. This also makes little sense economically. They invest significant amounts of time in these cases even though they know they will fail. Why? Why not? This is because they know that what they do is significant just because. They know that the meaning of what they do is not directly tied to the success of their applications. If they were solely dependent upon successful applications, then they’d all quit with despair. Even with successful applications, the journey is in many ways has just begun. In the words of one attorney, “you can’t control the outcome but you can give your client a good day.”
In addition to protecting the refugee’s legal rights and providing high quality legal advice, the staff members help to preserve their clients’ dignity. The briefs that they write are significant beyond the fact that they document the traumatic events that took place. Think of the vicarious trauma that the staff endures from hearing details of systemic torture and abuse that happen over and over again. The briefs are significant because they are a written record of the narrative of the suffering that has been endured. They are significant because otherwise, the suffering will be unheard, undocumented, and therefore invisible. They battle against the pain of insignificance. The applications may ultimately be unsuccessful, but their clients are nevertheless tremendously grateful that despite the evil that has been perpetrated upon them, there are others in the world who care enough to listen and bear witness to their suffering.
The attorneys not only document, but they create worth. Carl Rogers taught us that empathy dissolves alienation. Carl Jung said that schizophrenics cease to be schizophrenic when they meet other persons with whom they feel understood. Through the staffs’ patient listening and the attorneys’ attentive sifting through the stories of trauma, the briefs written are Books of Life. When successfully recognized, they provide a new chance at life. Regardless of the application result, the briefs helps to recreate meaningful existence for people whose lives have been ravaged by evil. And the amazing thing is, these highly qualified staff commit to this beautiful work for pitiful wages while living in Hong Kong, one of the most expensive cities in the world. This blog is my tribute to them and my efforts to bear witness and honor the beautiful work that they do. Despite the pitifully low wages, there are deeply meaningful rewards. The staff shared one such reward with me recently when they recalled the jubilation of one of their few successful applicants. The applicant came into the office and exclaimed, “Stand Up, Now We Hug!” I imagine this being said with a heavy African accent. After years of struggle, what else can we say but “Stand Up, Now We Hug!” — Mark Yang
The Conversation – August 26, 2012
Aug 26th, 2012 | Advocacy, Media | Comment
By Alison Gerard, Charles Sturt University and Francesco Vecchio, Monash University
http://theconversation.edu.au/australia-among-the-worlds-worst-in-dealing-with-asylum-seekers-8892
You wouldn’t know it by listening to Question Time, but Australia is not the only country experiencing asylum seekers arriving by boat. Italy and Malta find themselves on the frontline of policing external EU borders against unauthorised arrivals across the Mediterranean. Malta receives the highest number of applicants for asylum per head of population in the EU. In Asia, tiny Hong Kong has been taken as a preferred destination by thousands crossing the narrow strip of sea between the former British colony and mainland China. Unauthorised border-crossing is a global phenomenon. Its varying causes however, are rarely tackled in Australian and international debates on asylum. We note the recent Houston report is almost silent on the country conditions of asylum seekers coming to Australia by boat. Countries such as Afghanistan, Iraq and Sri Lanka were either at war until recently or their people suffer generalised, daily violence.
Interviewing refugees who arrived by boat in Malta and Hong Kong, we found that many asylum seekers are aware of the dangers their journey will present but choose to travel anyway. In the words of one Somali refugee, “We run away from our country because any day you could die in Somalia. But you do not know when you are going to die if you travel. There is more trouble in our countries.” But this reason alone does not explain why wealthier countries witness increased numbers of people risking death as the only pathway to migration and a chance of a better life. The increase in asylum seekers arriving on Malta and Hong Kong’s shores is the result of visa requirements targeted at citizens of those countries producing higher numbers of asylum seekers, such as Afghanistan, Iraq, Somalia. If refugees are enabled to seek asylum only when outside their country of origin, but no safe haven grants them documents to safely travel to their destination, the only remaining option is to embark on unseaworthy boats.
In this light, Australia’s plans to outsource refugee obligations to countries with less geo-political muscle in the region are no solution. Refugees impeded from travelling to Australia do not stay put in their country of origin. They travel to, or end up in, alternative destinations where provisions for international protection may be lacking or weakly implemented, resulting in the increased vulnerability of asylum seekers. European states utilise “safe third country” and the Dublin II Regulation to evade their refugee protection obligations, leaving countries along EU external borders to cope with the influx. Malta houses refugees in conditions criticised by numerous human rights groups as unhygienic, isolating and over-crowded. Conditions in Greece have been characterised as tantamount to torture for returning asylum seekers. In Asia, countries such as Indonesia, Thailand and China are increasingly major destinations for asylum seekers. Extensive human rights violations against illegal populations in these countries have been documented.
Internationally, Australia’s insistence on offshore processing provides disgraceful leadership. The UK has been calling for offshore processing for some time under the auspices of “safe havens”. These would enable the UK to deport asylum seekers to an external processing site to await the restoration of stability in their country of origin. These plans set a time limit of six months. Current arrangements before Parliament have as yet no time limit. This is a paltry commitment to the Refugee Convention, particularly when Australia receives 2.5% of asylum applicants compared to other industrialised countries. Offshore processing will lead to legal uncertainty for populations of people easily identifiable as vulnerable. This impact is felt physically and mentally. Our research revealed that asylum seekers generally arrive in relatively good health. Their health rapidly deteriorates once they enter detention or are left on the verge of destitution in wealthy, industrialised nations, enduring protracted delays whilst refugee processing takes place. They are denied the freedom they aimed for, and that the 145 signatories to the 1951 Refugee Convention claim to provide.
As human beings we may well understand the desire by many refugees to be reunited with family members. Unfortunately this right is in jeopardy across the globe. In Hong Kong there is no such right while the EU has introduced diluted forms of refugee protection for asylum seekers which do not include family reunion. The expert panel appear to be calling for a similar system with their recommendations to review refugee status determination in Australia. This impact can also be measured in deteriorating health, and in criminal justice prosecutions as people try to reunite with family using false documents or other means. Refugee arrivals will not stop. With these expert panel recommendations however, asylum seekers will continue to be construed as defying our rules, increasing calls for a tougher stance disguised as being humane.
