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Jackie B. belongs in South Wales

Jackie B. belongs in South Wales Campaign | 17.11.2006 13:31 | Gender | Migration | Social Struggles | World

Jackie B. (not real name) and her child M
This young woman is a torture and rape victim, who was accepted by the Immigration Appellate Authority as a 'believable witness'. However her appeal was refused in 2005 on the grounds that even though she was suspected of being an LRA (Lord's Resistance Army) member and a torture and rape victim, she would not be in danger of persecution if she was returned to another part of Uganda, such as Kampala.

This decision means it is now just a matter of time before Jackie B. and her child M. are detained prior to being deported back to Uganda. The refusal to consider the dangers to a young woman who has already suffered severe mental and physical torture and escaped an army prison only due to good fortune, shows a remarkable lack of awareness of the dangerous situation facing people of Acholi background suspected of 'political' opposition sympathies. It is also not clear what would happen to her child, M. if Ms B. were taken into detention on her return to Uganda. He has no other family and it would be unsafe for him to return to the country on his own. The prospects are that both the mother and child may never make it through passport controls at Entebbe airport, and may even 'disappear'.

Jackie came to the UK in late March 2004 and shortly afterwards applied for asylum. She was refused on 21 May 2005, on the grounds that Uganda has ratified the main human rights instruments of the UN, that human rights NGOs operate in Uganda, and that "the Ugandan authorities recognise the importance of trying to ensure that human rights abuses do not occur, and that allegations of such a nature are investigated". However most of Jackie's family, including her mother and father, have been killed in the fighting in Northern Uganda, and as a victim of torture and rape by the Ugandan army, she has an understandable lack of faith in the Ugandan government's ability or willingness to protect her from future grave abuses of her human rights, including through arbitrary arrest, illegal detention and even illegal killing.


Settled in South Wales, Jackie has made many friends, through her language classes, in her locality and through church. She is regarded by all who know her as someone who has a great deal to contribute. She volunteers to help families experiencing problems with settling in the area, and she has worked hard improving her IT and language skills. Far from being a threat to the UK, she is a great asset to her adoptive community and all who know her. Her child is exceptionally gifted and has settled in well in school, performing very well all-round and also making many close friends.


Ms. B's asylum claim was rejected, however, because the immigration service did not accept that she would be unsafe in all parts of Uganda. Her claim to have a "well-founded fear of persecution" on the basis of her imputed political allegiance to the LRA was seen by the Home Office as unfounded. They considered that "there is a part of Uganda in which you do not have a well-founded fear of persecution", namely by moving internally within the country to an area outside the Gulu/ Northern Uganda area where the fighting takes place.


Human Rights Watch has reported that impunity remains the rule for the Ugandan Defence Forces, who detained Ms B. and her family illegally, and tortured and raped Ms B. under the Suppression of Terrorism Act, which came into force in 2002. Under its provisions all 'opponents of the state' can be held for up to 360 days from the time of arrest before the case is sent to trial (Human Rights Watch, Vol. 14, No. 4(A), p. 16). The accused is supposed to be released after 360 days if no case exists to prosecute him or her. The death penalty can be imposed if prosecution takes place and the accused is found guilty. There is little chance of bail for those detained under the provisions of the Suppression of Terrorism Act, and often no-one knows where they are; they have simply disappeared, and if they die in custody, this may never be acknowledged.


Please intervene to prevent a grave injustice to Ms B. and her child M. who are not only in genuine danger from political persecution, but who, in Ms B's case, was accepted to be telling the truth about her treatment in Uganda. It would not be safe for her to be returned to any part of the country. She is unlikely, if returned, to avoid being detained illegally at Entebbe on arrival.


What you can do to help:
Friends of Jackie B. and her child M are organising a fax campaign to persuade the Minister for Immigration, Liam Byrne, to allow Jackie and M to stay in the UK. Please print off the attached model letter which you can copy/amend write your own version (if you do your own version, place state Home Office Ref: A1222096) and send to:

Liam Byrne, Minister for Immigration
Home Office
3rd Floor
Peel Building
2 Marsham Street
London
SW1P 4DF

Fax: 020 7035 4745 from outside the UK + 44 20 7035 4745

Please inform the Campaign of any faxes sent:
 hintjens@iss.nl


Jackie B. belongs in South Wales
C/o 88 Hawthorne Avenue
Uplands
Swansea SA2
Wales


Source for this Message:
Jackie B. belongs in South Wales Campaign

Jackie B. belongs in South Wales Campaign