The Labour government continues its assault on the human rights of those already marginalised, vulnerable and made desperate by racist immigration policy. ALYSE THOMSON reports.
A recent inquiry by the Joseph Rowntree Trust branded the Labour government’s policy on asylum ‘appalling and inhumane’. Even the Joint Committee on Human Rights of the two Houses of Parliament has concluded that: ‘by refusing permission for most asylum seekers to work and operating a system of support which results in widespread destitution the treatment of asylum seekers in a number of cases reaches the Article 3 European Convention on Human Rights threshold of inhuman and degrading treatment’. Most sickeningly, this treatment is not merely neglectful, but intentional – the same Committee found evidence that the government has a deliberate policy of destitution that falls below the requirements of a ‘common law of humanity’ and ‘international human rights law’. Labour is trying to starve asylum seekers into leaving the country.
In the absence of official statistics showing actual numbers of destitute asylum seekers, numerous independent local studies stack up to provide a disturbing body of evidence. The Scottish Refugee Council identified 154 destitute asylum seekers in Glasgow alone, including 24 children. There are reported to be 1,000-2,000 destitute asylum seekers in Birmingham. Many refused asylum seekers find themselves destitute for long periods of time, the average being 21 months. These snapshots give some idea of the extent of the problem but cannot convey the real human suffering endured by asylum seekers who find themselves deprived of all income or benefit, food, shelter or support.
Destitution can occur at any stage in the asylum process. Support can be withdrawn as a result of legislation such as Section 55 (for those who do not register their asylum claim ‘as soon as is reasonably practical’). While under Section 9 families with failed asylum claims who do not agree to ‘voluntary return’ to their country of origin can have all support severed. Some families become destitute by ‘going underground’ in order to avoid arrest and detention. Asylum seekers, many of whom have already endured horrific suffering, torture, mental and physical persecution in their country of origin, have justifiable fears of immigration snatch squads, detention without access to adequate legal support and forced deportation.
79% of cases of destitution arise due to ‘end of process’ or refusal of final claims. Under the present system financial support and accommodation for asylum seekers are cut 21 days after a final claim for asylum has been refused. After this point the only official support available is under Section 4, the so-called ‘hard case’ support which can provide food vouchers and hostel accommodation. However, provision under Section 4 only applies if the asylum seeker fulfils certain criteria, including agreeing to ‘voluntary return’ to their country of origin, even if it is clearly not safe. Over 90% of asylum seekers feel it is unsafe to return: hardly surprising when many are asked to return to war zones such as Iraq or Afghanistan, or countries where persecution, torture, systematic rape and ethnic cleansing occur, such as Rwanda or Democratic Republic of Congo.
Even where the asylum seeker fulfils criteria to apply for ‘hard case’ support, it is not always given. Claims often encounter administrative delay and error. Furthermore, the National Asylum Support Service (NASS) does not publicise the availability of ‘hard case support’ so often asylum seekers are unaware of this ‘tattered safety net’ (Joseph Rowntree Trust). In a sickening twist, Section 4 support is sometimes refused if it is deemed that the asylum seeker cannot really be destitute if they have survived so far.
An estimated 19% of refused asylum seekers, without a wider support network, are left with no choice but to sleep rough in phone boxes, public toilets and parks. This figure would be far higher if it were not for the solidarity of family, friends and the work of charities and voluntary organisations.
In addition to the physical hardship caused by lack of shelter, adequate diet and access to health services, destitution has a seriously damaging impact on mental health. Researchers, clinicians and support agencies identify serious risks to the mental health of those asylum seekers who fall victim to Labour’s inhumane treatment. Recent research shows high levels of anxiety, depression and disempowerment because of forced dependency on NASS, resulting from denial of the right to work. The Refugee Council warns that sleeping rough, fear of harassment and the inability to get adequate help and diet were causes of deteriorating health both mental and physical; 83% of asylum seekers they interviewed had experienced serious health problems since entering Britain, over half of which related to mental health.
Despite Labour’s relentless campaign to drive asylum seekers out or underground by preventing them working, recent polls indicate that over 65% of the public support the right to work for asylum seekers.
We must fight against Labour’s racist policies and show support and solidarity with all asylum seekers and immigrants.
Defend asylum rights! No to destitution! Support the right to work for asylum seekers! Oppose Labour’s state racism!
FRFI 197 June / July 2007