New Labour proposes slave labour for asylum seekers who are unable to provide evidence that they are personally at risk of persecution, but whose countries are deemed unsafe to deport to.
Background to Human Rights Act 1998
The Human Rights Act 1998 applies to all public authorities. It makes it unlawful for bodies like the police, government departments, local councils etc. to violate the rights contained in the European Convention on Human Rights.
Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
Source: YourRights.org.uk – the Liberty guide to human rights:
http://www.yourrights.org.uk/your-rights/the-human-rights-act/index.shtml
Below are some conclusions from Parliament’s Joint Human Rights Committee, raising serious concerns about the new asylum bill.
There are many potential breaches of the European Convention on Human Rights (ECHR) highlighted. Some clauses manage to breach 3 separate Articles. You have to take your hat off to that. The Committee is particularly concerned that (yet again) these highly significant curtailments of various freedoms have been introduced at such a late stage, with little or no parliamentary scrutiny:
“3. We have made it clear in a number of reports that we regard it as unacceptable that amendments having significant implications for human rights should be introduced at a late stage in a Bill's passage through Parliament, without a clear explanation of the Government's view of the human rights implications.[3] We find it particularly regrettable that we find ourselves once again in the very same position so soon after having made clear that such a practice undermines parliamentary scrutiny of legislation for compatibility with human rights. Such scrutiny is crucial to the democratic legitimacy of the Human Rights Act 1998. We once again draw this to the attention of each House.”
Below are committee comments relating to destitution and slave labour for people failed by the asylum system. The ECHR Articles breached include:
*Article 4(2) - Prohibition of slavery and forced labour
*Article 14 – Prohibition of discrimination
*Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Compatibility with Article 4(2) ECHR (Prohibition of slavery and forced labour)
16. We conclude that there is a significant risk that making the provision of accommodation to failed asylum seekers conditional on their performance of community work would be in breach of the prohibition of forced or compulsory labour in Article 4(2) ECHR. We draw this to the attention of each House.
Discrimination on grounds of nationality (Article 14 – Prohibition of discrimination)
21. We conclude that there is a significant risk that singling out failed asylum seekers from the class of those in need of emergency social assistance to prevent destitution, and exceptionally requiring them to perform community work as a condition of entitlement to such assistance, would be in breach of Article 14 ECHR in conjunction with Article 4(2) or Article 4(3)(d) ECHR, because it is a difference of treatment on grounds of nationality/immigration status for which there is no objective and reasonable justification. We draw this matter to the attention of each House.
Inhuman or degrading treatment (Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
24. We conclude that there is a significant risk that refusing or withdrawing the provision of accommodation to or from a failed asylum seeker who is unable to return to their country, on the ground that they refuse to perform community work, would be in breach of Article 3 ECHR. We draw this matter to the attention of each House.
-------------------------------------------------------------------------------------
Other Human Rights Concerns of the Committee
Other Articles are breached in relation to access to justice, right to appeal decisions of the Home Secretary, and marriage rights
Article 6 – Right to a fair trial
Article 13 – Right to an effective remedy (restrictions to appeal rights)
Article 12 – Right to marry
Article 14 – Prohibition of discrimination (on grounds of religion and belief and on grounds of nationality – e.g. Church of England marriages are exempted from restrictions)
----------------------------------------------------------------------------------------
Full committee report can be found at: http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/13002.htm
or here in PDF file: http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/130.pdf
European Convention on Human Rights: http://conventions.coe.int/treaty/en/Treaties/Html/005.htm
For regular updates on the new legislation, and all aspects of immigration and asylum news, policy and practice, subscribe to AsylumPolicy.info at www.asylumpolicy.info
The Human Rights Act 1998 applies to all public authorities. It makes it unlawful for bodies like the police, government departments, local councils etc. to violate the rights contained in the European Convention on Human Rights.
Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
Source: YourRights.org.uk – the Liberty guide to human rights:
http://www.yourrights.org.uk/your-rights/the-human-rights-act/index.shtml Below are some conclusions from Parliament’s Joint Human Rights Committee, raising serious concerns about the new asylum bill.
There are many potential breaches of the European Convention on Human Rights (ECHR) highlighted. Some clauses manage to breach 3 separate Articles. You have to take your hat off to that. The Committee is particularly concerned that (yet again) these highly significant curtailments of various freedoms have been introduced at such a late stage, with little or no parliamentary scrutiny:
“3. We have made it clear in a number of reports that we regard it as unacceptable that amendments having significant implications for human rights should be introduced at a late stage in a Bill's passage through Parliament, without a clear explanation of the Government's view of the human rights implications.[3] We find it particularly regrettable that we find ourselves once again in the very same position so soon after having made clear that such a practice undermines parliamentary scrutiny of legislation for compatibility with human rights. Such scrutiny is crucial to the democratic legitimacy of the Human Rights Act 1998. We once again draw this to the attention of each House.”
Below are committee comments relating to destitution and slave labour for people failed by the asylum system. The ECHR Articles breached include:
*Article 4(2) - Prohibition of slavery and forced labour
*Article 14 – Prohibition of discrimination
*Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Compatibility with Article 4(2) ECHR (Prohibition of slavery and forced labour)
16. We conclude that there is a significant risk that making the provision of accommodation to failed asylum seekers conditional on their performance of community work would be in breach of the prohibition of forced or compulsory labour in Article 4(2) ECHR. We draw this to the attention of each House.
Discrimination on grounds of nationality (Article 14 – Prohibition of discrimination)
21. We conclude that there is a significant risk that singling out failed asylum seekers from the class of those in need of emergency social assistance to prevent destitution, and exceptionally requiring them to perform community work as a condition of entitlement to such assistance, would be in breach of Article 14 ECHR in conjunction with Article 4(2) or Article 4(3)(d) ECHR, because it is a difference of treatment on grounds of nationality/immigration status for which there is no objective and reasonable justification. We draw this matter to the attention of each House.
Inhuman or degrading treatment (Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
24. We conclude that there is a significant risk that refusing or withdrawing the provision of accommodation to or from a failed asylum seeker who is unable to return to their country, on the ground that they refuse to perform community work, would be in breach of Article 3 ECHR. We draw this matter to the attention of each House.
-------------------------------------------------------------------------------------
Other Human Rights Concerns of the Committee
Other Articles are breached in relation to access to justice, right to appeal decisions of the Home Secretary, and marriage rights
Article 6 – Right to a fair trial
Article 13 – Right to an effective remedy (restrictions to appeal rights)
Article 12 – Right to marry
Article 14 – Prohibition of discrimination (on grounds of religion and belief and on grounds of nationality – e.g. Church of England marriages are exempted from restrictions)
----------------------------------------------------------------------------------------
Full committee report can be found at:
http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/13002.htm or here in PDF file:
http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/130.pdf European Convention on Human Rights:
http://conventions.coe.int/treaty/en/Treaties/Html/005.htm For regular updates on the new legislation, and all aspects of immigration and asylum news, policy and practice, subscribe to AsylumPolicy.info at www.asylumpolicy.info
Comments
Hide the following comment
Update from Glasgow No Border Group
13.07.2004 09:57
“An attack on Government moves to make failed asylum seekers do community work or risk losing their accommodation was defeated in the Commons last night (12/07/04). The bid, demanding more details of the plans, was defeated by 240 votes to 130, majority 110.
Home Office minister Des Browne said it was right that people receiving state support give something back to the community in return for their board and lodging. The measure was not a punishment.”
--------------------------------------------------------------------
No One Is Illegal campaign:
A national campaign against immigration slavery is now a possibility. This may be kick-started at the No One Is Illegal national meeting in Manchester on July 24th: see
--------------------------------------------------------------------
Local Authorities can use forced labour:
In the meantime, you could lobby your local councillor to make them aware that they are now in a position of being able to contract immigrant slave labour. Demand that your council makes a public statement opposing this measure, and confirms that the council will not use forced labour for community work.
Model letter to local government Councillors:
Dear Councillor
Asylum and Immigration (Treatment of Claimants etc.) Bill
I am writing to ask for your support in opposing a clause added at the last moment by the Home Secretary to the proposed Asylum and Immigration (Treatment of Claimants etc) Bill.
“Hard case support” is presently available under Section 4 of the 1999 Asylum & Immigration Act, and comprises basic accommodation and food (no cash support). This support is for certain categories of refugees who have been refused asylum but are unable to return home - for instance because they are stateless or their home country refuses to allow them to return, or because they are unable to travel through illness or late pregnancy, or the country of return is too dangerous.
In future, this basic help will be dependant on what has hitherto been a punishment reserved for convicted criminals – namely obligatory community service.
I believe that full benefits should be available to all, irrespective of immigration status – and that all asylum seekers should have the choice to work.
I also agree in full with the criticism of the new clause made by the Joint Committee on Human Rights of the House of Commons/House of Lord. In essence the criticism is one of slave labour. The report condemns the clause as being in breach of the European Convention of Human Rights:
• Article 4(2) (prohibition of forced labour)
• Article 3 (prohibition on inhuman or degrading treatment)
• Article 14 (no discrimination on grounds of nationality)
The new Clause also has an expectation that local authorities will collude in the implementation of this forced labour scheme. This is a reminder of the old Poor Laws where parishes would contract in forced labour from the workhouse.
I would therefore ask the council to write to the Home Secretary, to object to the clause, to state that your authority will refuse to participate in it – and to make this correspondence public.
Yours sincerely,
michael c
e-mail:
autonomista23@yahoo.co.uk
Homepage:
http://www.noii.org.uk