Refugee Legal Support Needed

Ex NCF intern, Eva Doerr, is known to many of you. She needs your help. She is involved in a refugee project in Athens, Greece – Refugee Legal Support (https://www.refugeelegalsupport.org). Alongside approximately ten other UK asylum lawyers (almost all women), she was part of setting up a pro bono legal clinic in Athens. At the clinic, Iliana (a Greek lawyer), Efi (their coordinator), their three interpreters – Ali, Vafa and Lawrence (all refugees in Greece) – and UK lawyers who travel to Athens on a rota basis (Eva was there in June) provide free legal support to refugees. Eva writes:

Even though the media seems to have stopped reporting on it, thousands of people fleeing conflicts in the Middle East and North Africa continue to make the dangerous journey across the Mediterranean and arrive on the Greek islands eg Lesvos and Chios every month. The crippling infrastructure in Greece means that many of those are not recognised refugees yet – they do not have a ‘legal status’ in Greece. Many others remain separated from family members elsewhere in Europe without any hope of being reunited with them any time soon (family reunification is supposedly a human right…). Without a legal status a person is trapped in a limbo. You are unable to take part in public life and access services that we take for granted, like healthcare, the ability to rent a home or take up employment.

I could go on about this forever but I am sure you will be well aware of the situation. I feel very strongly that Western Europe needs to take more responsibility for this situation. I believe that the clinic is a small contribution to the solidarity that is needed to tackle what I believe is the ‘issue of our times’. Sadly, we are running out of money and we now need every donation and support we can get. We have launched a crowd justice campaign, a way to fundraise for legal campaigns.

If NCF friends could donate a bit of money and, more importantly, share the campaign amongst your friends and network via email or social media, Eva would be hugely grateful.

 

The link to the campaign is: https://www.crowdjustice.com/case/rls-legal-support-for-refugees/

Algeria’s migrants march across the Sahara

Reports of Algeria’s expulsion of migrants into the Sahara desert have received widespread condemnation from officials around the world. Human rights groups have accused Algerian authorities of arbitrarily arresting and expelling migrants from Sub-Saharan African countries. The expulsions came as pressure mounted from the European Union for North African governments to prevent migrants from crossing the Mediterranean and reaching the shores of Europe.

According to the UN International Organization for Migration (IOM), since May 2017 more than 13,000 people, including women and children, have been rounded up and driven to the desert and pointed towards Niger or Mali.

Survivors who were interviewed by the Human Rights Watch gave accounts of being rounded up on the streets or at their places of work, before being crammed into trucks and driven to the desert. Some also accused the police of beatings and stealing their belongings.

In a report published by the Associated Press, it was found that Algeria forced migrants, by the hundreds every week to traverse the scorching and unforgiving desert where temperatures reached up to 48°C. They were given no food and no water, walking dozens of kilometers before being picked up by UN rescue teams. Survivors told the Associated Press of how their companions vanished in the desert. Migrants used their phones to film their ordeals, documenting their journey as they were being transported en masse in trucks and being marched across the blistering desert.

Algeria has denied all allegations of rights abuses. Journalists were invited to tour their detention centres, or perhaps more accurately described as overcrowded jails, citing it was proof of their humane treatment of migrants. However, journalists were not permitted to travel beyond the detention centers where migrants are held prior to being forcibly expelled, and therefore were unable to see what was transpiring after being ‘deported.’

Since the report by the Associated Press, expulsions seemed to have all but stopped – with the number of expelled migrants dropping significantly. But a recent report suggests that Algeria’s government has again resumed expelling migrants into the Sahara desert, leaving another 391 people to stumble their way through the harsh terrain.

The European refugee crisis admittedly marked an unprecedented humanitarian crisis, which saw the largest influx of migrants into Europe since the Second World War. Yet, figures show that the largest refugee movements happen within Africa itself; with the region of Sub-Saharan Africa being home to 4.4 million refugees and a staggering further 19.5 million “people of concern”. One can hope that the coverage of Algeria’s expulsion of Sub-Saharan Africans highlights the plight of other migrants from not only North Africa but across the entire continent.

Reconstruction in Raqqa

The city of Raqqa in northeast Syria, the one-time de facto capital of ISIS, was first captured by ISIS in 2014. Inhabitants who did not manage to flee the city and yet still survived ISIS’s brutal executions of Alawites, Christians and suspected supporters of Bashar al-Assad, lived for three traumatic years under ISIS rule. A distorted normality set in; children attended schools where ISIS ideology was taught, beheadings were a form of public punishment and the old sacred buildings were decimated.

In June 2017, however, the predominantly Kurdish Syrian Democratic Forces (SDF) supported by a U.S. led coalition (which included the British) launched a campaign to liberate Raqqa following the similar campaign in Mosul. The SDF campaign in Raqqa was aided significantly by the Western Coalition’s air strikes. By October 2017 the liberation of Raqqa was declared complete, and since then very little attention has been paid to the fate of those attempting to return to their former homes.

Raqqa may be rid of ISIS but it is not yet liberated from its troubles. The Coalition’s aerial bombardment destroyed much of the city and most of its civilian infrastructure. According to the UN around 80% of Raqqa was left uninhabitable after the battle, rendering homeless almost all of the 270,000 people who had fled the city to escape the bombardment. It is also estimated that over 3,000 civilians died during the airstrikes. There is an enormous lack of transparency, however, as neither the British nor American government has admitted the true scale of the destruction. For example, despite the UK government carrying out 215 airstrikes in Raqqa it has only ever acknowledged one instance where a civilian was unintentionally killed. A single instance of collateral damage by an RAF reaper drone in Eastern Syria in March 2018. Again, US officials have stated that civilian deaths only occurred during instances where ISIS members used civilians as human shields during the airstrikes.

Despite the Coalition’s insistence that they took great pains to minimise civilian casualties, in June 2018 Amnesty International released a detailed report that gravely challenges these claims. Amnesty argues that the Coalition’s forces did not do enough to minimise harm to civilians. For instance, its research shows that 39 members of a single family in Raqqa were killed during the battle. This is only one of many harrowing stories they obtained after interviewing over 100 of Raqqa’s surviving residents. Today the city is still uninhabitable; almost every building has been damaged and there is no clean water or electricity apart from what local entrepreneurs are able to provide. Unexploded mines and IEDs are also still causing casualties.

The Western Coalition needs to face up to its myriad responsibilities and commit to reconstruction in Raqqa. Firstly, it needs to reduce resentment in the region by acknowledging and apologising for its destructive campaign. At the moment, they are in danger of exacerbating the same alienation from the West that gave birth to extremism in the past. Residents are already questioning whether the ‘liberation’ from ISIS was worth the destruction and loss of life. The West also needs to take an active role in the reconstruction of the city. Getting rid of ISIS was an achievement, but the success risks being reversed if no clear strategy to rebuild the city is put in place. Raqqa is now administrated by a civil council made up of SDF forces. There are growing tensions between the Syrian Kurdish commanders of the SDF and Raqqa’s predominantly Arab residents, particularly since the forces in control are coercing unwilling civilians into the army. Alternative prospects, however, are also undesirable. There is fear that Assad’s forces will take over from the SDF and seek revenge on those they deemed to have conspired with ISIS.

Frustratingly, the UK Government has repeatedly ignored the clear links between its role in wars abroad and increased terror threats, most recently in its updated counter terrorism strategy released in July 2018. Coalition governments are responsible for this humanitarian disaster; they have a duty to acknowledge their role in the destruction of people’s homes and lives. Presently, refugees arriving back to Raqqa have no homes to return to and no means of rebuilding them. The West must provide funding and materials for the shattered city of Raqqa to be rebuilt.

Iraq’s Innocent Children – When will their Suffering End?

Oral intervention to be given by the Next Century Foundation at the 37^th Session of the United Nations Human Rights Council in Geneva. Item 3 on the 6^th of March 2018, Children in Armed Conflict.

Mr President. The bi-product of armed conflict is often devastation to the lives of innocent children, whether during conflict, or in the aftermath. Whilst travelling in Iraq in late 2017 the Next Century Foundation was given alarming reports of the treatment of the families of ISIS fighters. We have heard similar reports from Northern Syria.

In both locations there are camps in which the families of ISIS fighters are being detained. The families were detained without warning, and given no reason for or information about the duration of their detention at these camps. Many of these families have had their identity documents confiscated meaning a definite inability to leave. Likewise, there have been reports of the destruction of civilian property, and of villages and of the removal of livestock owned by those who are now in these camps. This has been corroborated by satellite imagery obtained by Human Rights Watch. By early 2018, over 200 families had been placed in these camps in Iraq over several weeks with 220 such displaced individuals arriving at the camp near Daquq, South of Kirkuk, Iraq, the most prominent of these camps. Children are of course amongst these numbers and there are young children and infants that are growing up in these camps. The imprisonment of women and children who have committed no offense is illegal and the Next Century Foundation wishes to express its concern over the situation as there has been no fair reason presented for the holding of these people or for their treatment. Having declared victory against ISIS, Iraq should be investigating these prison camps and rectifying the situation in order to work towards a better future for these Iraqi people and those children who are part of Iraq’s future. The continued use of these ‘prison camps’ and the current treatment of these many families could potentially be regarded as a war crime, in view of the fact that these families could be considered forcibly displaced.

This issue is not exclusive to Iraq. In northern Syria there are four Kurdish-run camps in which around 800 families from approximately 40 different countries are being held because of their alleged association with Islamic State fighters. Whilst there is the possibility that many of these families do indeed have fathers, sons or brothers who have fought or are fighting for ISIS, collective punishment is illegal. There is no reason to punish those who have done nothing wrong. There has also been little assistance given by the home nations of these families to address this problem, thus far only Russia and Indonesia have worked with Kurdish authorities to have their nationals repatriated.

In these circumstances, it really is the innocent women and children who are suffering. Their detention in such camps, and the treatment they endure, is abhorrent. The young children who have been forced out of their homes and are now living in these conditions are experiencing the fallout of a conflict that is not theirs. It is a necessity for both Iraq and the international community to respond and take action.

Treatment of migrants in the United Kingdom of Great Britain and Northern Ireland

The Next Century Foundation submitted the following a written statement to the Human Rights Council in accordance with its special consultative status at the United Nations. Thirty-sixth session of the United Nations Human Rights Council in Geneva. Agenda item 6. Universal Periodic Review of the UK:

“It is the humanitarian duty of the United Kingdom of Great Britain and Northern Ireland to offer migrants, who are often refugees from war-torn states, a fair chance to rebuild their lives. The Next Century Foundation notes the concerns expressed in the 2017 Universal Periodic Review. There are major shortcomings on the part of the British government.  Specifically:

• The UK government is sometimes a poor listener, which can result in inefficient and ineffective dispersal of aid money. Increased communication with refugees, both in the camps to which they have been displaced in the first instance and subsequently in the UK, would inflate their esteem, morale and resolve. Most particularly with regard to those coming from war torn states, the international community in general and the UK in particular could empower local communities in the region to take control of their own destiny by giving them a voice in regard to the dispersal of international aid.
• An effort should be made to recruit and employ teachers, doctors and nurses or others appropriately qualified who are themselves refugees within the camps wherever possible; and government aid funds should be diverted to this purpose in preference to bringing in Western teachers, doctors and nurses and others to perform these roles. This both lifts morale and provides economic support to key refugees.
• Within the UK, there are initiatives such as Herts Welcomes Syrian Families, Refugee Action, and the Refugee Council, whose support of the Vulnerable Persons Relocation Scheme has positively affected thousands of migrants. However, the “temporary protection” which this programme permits is inadequate. Under this programme, migrants are offered the chance to study or work for a limited five year period only. We urge that this time period be extended or that they are offered fast track citizenship after five years.
• Trained migrant professionals are often not permitted to work in the UK whilst seeking asylum. Asylum seekers should be permitted to work in the United Kingdom whilst seeking indefinite leave to remain, should they wish to do so. The asylum seekers allowance is only £36.95 a week, which is evidently very small, especially when compared to the job-seekers allowance of £73.10. It makes life incredibly tenuous and is utterly unfair, given that they are then unable to work legally and become a burden on the taxpayer. However, whilst it is extremely important that refugees and asylum seekers should have the opportunity to work in the UK, it is also important to bear in mind that safeguards need to be put in place to see that they are not exploited by employers and that they are paid a fair wage for the job that they are doing. This is of importance in preventing bad feeling and resentment on the part of indigenous workers (the “immigrants” should not be perceived as a threat to the jobs and terms/conditions of employment of UK citizens).
• To be granted university places, all migrants whose status has yet to be determined must have lived half of their lives in the UK in order to apply as if they were native citizens. This denial of university education to the majority of young migrants whose status has yet to be determined prevents migrants from rebuilding their lives, and retaining their dignity.
• The Lawyers’ Refugee Initiative advocates the use of humanitarian visas, or “humanitarian passports” – that is to say visas for the specific purpose of seeking asylum on arrival – issued in the country of departure or intended embarkation. We urge that this procedure be used extensively by the United Kingdom.
• In order to speed up the processing of asylum applications and reduce legal costs and emotional strain for all involved, we recommend that the Home Office only appeal decisions in exceptional circumstances, and rarely if the case has been under consideration for more than five years. It should be a statutory duty that all appeals by the Home Office take place within one year and be grounded on strict criteria. The actual asylum application process should be based on criteria that are generous to genuine refugee claims with a mechanism for withdrawing status on conviction of a crime – and fast track citizenship after five years.

We should regard refugees, whatever their circumstance, with compassion and mercy. Compassion and Mercy are moral virtues which elevate humanity and therefore our obligation to refugees transcends any obligation we may have to accept economic migrants and / or the free movement of labour and should not be confused with any such obligation – and the UK is not yet doing enough”.

Note: The Next Century Foundation acknowledges the help of Initiatives of Change, an organisation that co-hosted the migration conference that contributed to the preparation of this submission.

The Next Century Foundation at the United Nations – Intervention on Human Rights in Myanmar, Bangladesh and India

The Next Century Foundation took part in the 36th session of the Human Rights Council in Geneva. During the General Debate on Item 5 “Human rights bodies and mechanisms” the NCF delivered an oral intervention on the issue of human rights violations of the refugees in Myanmar, Bangladesh and India. The Next Century Foundation urged these States to all sign the Refugee Convention and take the necessary steps in order to improve refugees human rights.

Veritas Omnia Vincit

On 13 September 2017, Italy’s ambassador Giampaolo Cantini was sent back to the Egyptian capital after more than one year of soured relations between the two countries over the death of the Italian PhD Cambridge student, Giulio Regeni, in Cairo in January 2016. The 28-year-old student was tortured and killed in Egypt, allegedly by the Egyptian security services who, since the very outset of the affair, have denied any involvement.

The issue quickly triggered an open diplomatic crisis between Egypt and Italy due to al-Sīsī’s government’s repeated avoidance of their responsibility to investigate the murder in the face of hard evidence implying that the Egyptian security services were culpable. For more than one year, faced with the hardline stance taken by the Italian government as they strove to obtain the names of those responsible and the reason for this abhorrent act, the Egyptian authorities have been trying to cover up the truth, forging documents and misleading Italian magistrates with false trails. This misdirection is the umpteenth deplorable act of a state whose crackdown on human rights is going down in history as one of the worst in years. And while everything seemed to suggest the diplomatic deadlock was unlikely to break, out of the blue the Italian ambassador was sent back to Cairo and the crisis magically resolved, as if it had never happened.

No change of strategy, official apology or acknowledgment of guilt was issued by the Egyptian authorities. Likewise, no clear explanation was provided by the Italian government on the matter. So, what led the Italian government to take the incongruous decision to give up its legitimate right to pursue the truth about the brutal death of one of its citizens in a foreign land? Interestingly, the solution to this conundrum may not lie too far away. And with a subtle combination of imagination and cynicism, we might be able to find it.

If the world ran according to a Machiavellian conception of politics, then one might think that everything happens for a reason and nothing in politics is left to chance. Accordingly, one might think for instance that the investigation into the death of Giulio was sidelined in exchange for a halt of the migration flow from Libya to Italy, given the strong friendship that binds Al-Sīsī to Haftar, the Libyan strongman in control of the eastern part of the country. Indeed, the bizarre coincidence of the sudden halt in migrant influxes to Italy on those same days when the Italian ambassador was sent back to Cairo, after years of unsuccessful attempts to curb them, might represent enough evidence to a more cynical mind. Or, equally, the complacency of the Italian government in not taking action when confronted with some “explosive evidence” on the case provided by the Obama administration could serve as a further clue in this respect.

Nobody will ever know what happened on those days for it is no longer the intention of the Italian government to unravel the truth. People will never know for sure why Giulio was killed, who tortured and assassinated him; neither will they know why the Italian government abruptly sent its ambassador back to Cairo, forever waiving the right to justice for one of its citizens, a son of Italy. The truth will be covered up, wiped out according in the Italian tradition of state secrets.

And now only sorrow is left. Sorrow of a girlfriend in losing the love of her life. Sorrow of a family in losing a son. Sorrow of a nation in losing its future and its honour. Yes, its honour. Honour because Giulio is not just a human viciously slaughtered on foreign soil. Giulio represents a vision, a feeling, an idea. The idea that unites men and women of different countries and different cultures; the idea that human rights violations in Egypt are real, raw and ruthless, and affect men and women whatever their nationality; the idea that Italy is a country whose leaders had no hesitation in selling the truth, trust and hope of its own citizens as well as its own dignity in exchange for some political or economic payoff; the idea that western democracies “fill their mouths” with nice words on human rights but that after all it is a mere façade, as they continue to aid and abet such crimes and violations where convenient.

There is a Latin saying whose power and meaning has always struck me. It expresses the universal principle of a vision, a feeling, an idea. The Truth. “Veritas Omnia Vincit”, truth conquers everything. And Giulio represents the Truth, for his death has shined a light on the lies, the falsehood, the cruelty and the wickedness of a global system that brings together democracies and dictatorships, thus rendering them accomplices. It does not matter that the official version will never admit the existence of any deal, agreement or negotiation between Italy and Egypt in exchange for silence on the death of Giulio. For the conspicuous silence on the part of Italian government speaks louder than any official statement.

And hence, Veritas Omnia Vincit: we will know when a state betrays its own citizens, its own values and future for its own gain;

Veritas Omnia Vincit, when public outcry spreads across the world after Giulio’s death, against al-Sīsī’s authoritarian rule, thus uniting men and women who, just like Giulio’s family, have lost their loved ones.

And again, Veritas Omnia Vincit, when the mask of this self-proclaimed democracy is removed revealing the true face of power.

I recently visited a Banksy exhibition at the Moco museum in Amsterdam. I was taken aback by how the author emphasised the existence of a thread that connects sorrow to hope and love. In suffering and grief people can gather and unite, taking solace from the shared experience of finding justice, truth or stillness. Such feelings bring them hope. And being able to connect and to hope means being able to love. This is what is happening in Egypt, Italy and elsewhere in the world at the moment. The sorrow caused by the circumstances of Giulio’s death has spread across the globe, uniting people in hope for justice, for “truth” and for a better world.

“Only in the darkness can you see the stars”, (Martin Luther King Jr).

Giulio is your son, your brother, your cousin; Giulio is your colleague, your neighbour, your friend; Giulio is a vision, a feeling, an idea.

Giulio is hope, love and truth, and he has already won.

Veritas Omnia Vincit.

Ciao Giulio

#veritàpergiulioregeni

Poland’s authoritarian turn?

The recent decision by Poland’s government to pass a law that weakens the judiciary’s independence raises concerns on the overall soundness of the Polish democratic system. The law by which the government acquires de facto control of the Supreme Court represents a heavy blow dealt to one of the fundamental principles of the rule of law, the independence of the judiciary.

Such a decision is a cause for great concern as it represents the pinnacle of a more general trend of recent reforms that are dismantling the democratic tissue of the Country. Since 2015, Law and Justice, also known as PiS – the ruling right-wing populist party in Poland – has been implementing policies and reforms aimed at limiting civil liberties, controlling media and dismantling some of the major checks and balances in place since the end of the Soviet era. While the European Union is closely looking into this delicate issue and threatening the activation of a sanctions mechanism, protests broke out all over the country in response to this illiberal conduct from the Polish government.

Such an immoral turn for Polish politics, however, was hardly unexpected. The PiS is an unorthodox populist party whose members are unpredictable mavericks with no sense of responsibility. Playing games with people’s rights is standard procedure for them. The most glaring example is the controversial immigration policy in force in the country since 2015. Hundreds of thousands of refugees fleeing from Syria, Afghanistan or Iraq have been progressively denied asylum in Poland on a simple matter of religious belief. Poland indeed is one of those eastern European countries which has recently engaged in the contentious strategy of favouring Christian refugees as eligible for their resettlement scheme.

While a blade, a bullet or a bomb does not make any distinction between a Christian or a Muslim refugee making all men equal when faced with war or persecution, the enlightened leaders of Poland cynically reserve the right to decide on the fate of thousands of innocent lives on the grounds of their religious faith. Fairly odd for a country which suffered similar discrimination and illiberal laws not such a long time ago and whose social identity is proudly claimed to be based on Christian values. But as we all know, people have a bad memory and they learn very little from history. Do not be surprised if democratic countries such as Poland in 2017 still impose limits on civil liberties, still exert control over media or judiciary, still discriminate against people on grounds of religion. Sit down and make yourself comfortable, a new era of populism is about to start.

The Next Century Foundation at the United Nations – Intervention on the UPR

The Next Century Foundation took part in the 36th session of the Human Rights Council in Geneva. During the General Debate on Item 6 “Universal periodic review” the NCF delivered an oral intervention on the shortcomings of the UPR process.

More Refugees than Ever Before?

In a world where one in 200 children has the status of a refugee, it is of upmost importance to think of those who had no other choice than to move away from home. Today is International Refugee Day, a day that raises awareness about the issue among political leaders and civil society. Since the UN General Assembly decided in 2000 to make June 20 a day that would honour refugees around the world, members of society and heads of state have annually been reminded of the challenges that lie ahead. Thus, also today, nation-states must take into account the responsibility they face in terms of hosting and integrating refugees on their territory, while people like you and I must inform themselves of the challenges refugees face in their everyday life.

According to the United Nations Refugee Agency, 28,300 people a day are forced to flee their homes due to persecution and conflict, while the overall number of refugees on a global scale is as high as 22.5 million. Countries like Iran, Turkey, Pakistan and Lebanon, that are geographically close to war zones, are hosting a vast number of displaced families; and throughout the last few years the number has constantly increased. The war in Syria has led to a refugee crisis that forced many to cross borders and to settle down in neighbouring countries as well as striking out for  Europe. We currently face the highest levels of displaced people on record. The number of refugees has almost tripled in the last decade, while thousands have died in the Mediterranean Sea on their way to a better life.

World Wildlife Day: How do our actions impact the environment and the animals that inhabit them?

Our actions, and our conflicts, impact negatively on many habitats and the animals within them. In war the environment suffers exploitation and violence just as people do. Actions which would normally be condemned become normalised and are justified in the context of violence.

Maintaining armies alone is a huge drain on natural resources but deployed armies use vastly more resources. One report suggests that the US military used 190.8 million litres of oil every month during the invasion of Iraq. As well as this, the destruction of infrastructure in Iraq led to huge amounts of pollutants entering fragile ecosystems.

In the heat of war, it is easy to see how the natural world is not an immediate concern. However, the environment is what keeps us all alive. We are sustained and nurtured by the life around us and if we do not show compassion in return we will not continue to experience the world’s bounty.

Resources are limited and in war the present demands more respect than the future. The future belongs to all of those on this planet, including plants and animals. It is not only pragmatic but also morally right to respect this glorious planet.

It is easy to suggest that humans should have a right to peace, but are we not also animals?  We should extend the right to peace to our fellow animals. They are after all sharing this planet with us and many of them, mammals in particular, are able to experience strikingly similar emotional responses to us. Elephants for example have been recorded as experiencing symptoms of a condition similar to Post Traumatic Stress Disorder following heavy poaching.

Looking after our environment not only protects vulnerable species of plants and animals, it can also help to prevent human conflicts from happening in the first place. Resource scarcity is often the catalyst for violence. Water and food shortages are often exacerbated by man-made climate change. Climate change, resulting from overuse of fossil fuels, produces increasingly volatile and unpredictable weather patterns. This in turn leads to loss of crops and livestock in unseasonal and extreme conditions.

The environment and the animals within it are casualties of war which cannot cry out in pain. We must raise our voices for those animals and plants that are destroyed and disregarded. It is in all of our long-term interests to do so. We must fight to preserve the resources needed for peace, even in times of war.

By Eppie Parker

European Civilians are Being Punished for Providing Aid to Refugees

In September 2016 the Danish high court upheld a verdict, which criminalised humanitarian assistance to refugees. A children’s rights activist was among the three hundred other Danes who were found guilty of breaching Danish law, and subsequently prosecuted for human trafficking.

Shockingly, there is no evidence of human smuggling in any of the cases presented in court. There was no exchange of money, nor were they clandestine in nature.  Benevolent Danes merely picked up refugees after a train from Germany was stopped in the Danish border town of Rødby. At the time, the government was quiet with no proper policy position in place for refugee migration.  This lack of clarity led to extreme confusion, particularly amongst the Police Force about the legality of helping migrants along their journeys. People simply did not know that helping another human in distress was illegal.

These prosecutions have resulted in large fines and prison sentences of up to two years being given. They have successfully deterred many European civilians from providing help to migrants crossing the continent. European civilians are now faced with a dilemma; either abandon their moral compass and remain on the right side of the law or risk breaching the law but maintain universal humanitarian values that connect us all. This is a unique situation in which the law is at odds with decency, empathy and liberty, virtues upon which the European project is predicated.

Unfortunately, there is also large confusion on the definition of migrant smuggling. The United Nations define the act as exclusively motivated by “financial or other material benefit”. This is in sharp contrast to the Council of the European Union definition which broadly stipulates that anyone who assists migrants to “enter or transit across” a country is in breach of national law and can be prosecuted. Discussing and debating the legality of civilian refugee aid becomes much more difficult when many contradictions are present. Uncertainty will continue to rise amongst the public and further indecision will continue from all parties responsible for tackling the migration crisis.

Whilst we must be wary when comparing recent events with the biggest genocide of the 20^th century, punishing European civilians for aiding the persecuted is reminiscent of the punitive policies of Nazi Germany. The intent of this comparison is not to trivialise the Holocaust, indeed drastic measures such as death penalty have not been implemented, and over one million asylum seekers have been welcomed in 2015 alone. But it serves as a continual reminder that punishing civilian goodwill and outlawing instinctive humanitarian qualities will only compound mass humanitarian crises.

Photo credits to TT

People often talk about the dangers of progressive dehumanisation of refugees, but perhaps we ourselves are subtly undergoing a form of dehumanisation led by these faulty laws? Perhaps we are becoming increasingly desensitised to the refugee crisis? It is at moments like these, when we must remember that history is never repeated unintentionally.

Majed Tw 31/01/2017