Ireland has a moral duty to welcome the displaced

Angela (not her real name), who is an African refugee, stressed at a recent seminar that she did not choose Ireland - she chose…

Angela (not her real name), who is an African refugee, stressed at a recent seminar that she did not choose Ireland - she chose safety for her family. She went on to say that her children did not ask to come here. If these children are rejected in Ireland, what future will face them?

Every 21 seconds a refugee is created. All are a consequence of not protecting human rights. Between 1987 and 1997 the number of refugees worldwide has grown from eight million to 15 million. In this context, the much-publicised increase in the number of asylum-seekers coming to Ireland, from 424 people in 1995 to 2,312 people in the first seven months of 1997, is minuscule. Each refugee represents a human rights tragedy.

Amnesty has highlighted the case in which the Belgian government returned Bouasria Ben Othman to Algeria. Four months later, the Algerian authorities informed the Belgian government he had been arrested on arrival, released and rearrested in mid-November. On November 26th, he appeared on TV saying he was well and that people should stop asking about him. One week later he died in detention. The Algerian police told his family that he had thrown himself from a window.

The 1948 Universal Declaration of Human Rights (Article 14.1) states that "everyone has the right to seek and to enjoy asylum from persecution". Yet internationally, there is a decline in even the temporary granting of asylum and mechanisms to deny access for asylum-seekers are multiplying. These include carrier sanctions against air companies who let asylum-seekers on board and national laws which undermine the chances of being eligible for asylum.

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Throughout the world it is generally the case that asylum is refused because the applicant is not believed. The UN Committee against Torture has said that a person tortured or subjected to inhuman or degrading treatment is reluctant to relive the experience, especially under interrogation. If that person gives different stories, this does not mean a lack of genuineness. It may be an indication of a history of torture. Therefore, we need to look behind the statistics on asylum-seekers to individual cases.

Our own record on refugees here in Ireland is far from admirable. Before the second World War, Ireland closed its door to the Jews, yet the gains which Jewish migrants subsequently brought to Ireland in the 1940s and 1950s were quickly obvious. While we fear economic migrants to our "tiger" economy, it is ironic that in the 1980s a generation of Irish saw the Morrison and Donnelly visas as passports to economic well-being and opportunity in the USA.

As one of the world's richest nations, Ireland has a moral obligation to assist in tackling the problems of conflict and lack of development which generate refugees. Recent EU moves to negotiate a reduction in refugee standards are a dangerous precedent which Ireland should speak out against. One of the world's most famous refugees, the Dalai Lama, speaks of enlightened self-interest, where compassion and kindness to others is ultimately the best medicine for oneself. Irish media coverage of the situation regarding refugees often does not reflect these values.

There is a positive model for dealing with refugees that the Irish Government could look to. Canada has a system to welcome asylum-seekers and refugees, with proper reception facilities, language-training and provisions to help them find employment. The Canadian process of resettlement is not just about spending money. It recognises each refugee's potential as a contributor to the economy. This endorses the key need felt by refugees to take back control of their lives as soon as possible and to contribute to the society which is protecting them.

Ireland's 1996 Refugee Act (passed with all-party support but not yet implemented) sets out procedures to deal with refugee claims and states their rights. These include rights to reside, to health care and social welfare, and access to the courts. Asylum-seekers must be informed on arrival of their right to consult a solicitor. A person not granted refugee status can still be allowed to stay if fleeing famine or disaster - i.e. on humanitarian grounds, although rights and benefit entitlements in this case are not specified.

A shortcoming of the Act is its lack of adequate provision for interpretation facilities. It states that there will be "interpretation, where possible, for refugee determination procedure". Often people can translate words, but not the concepts and ideas which lie behind them. Therefore, opportunities for finding ways for refugees to use their skills to help each other should be availed of.

The recently formed Refugee Association of Ireland increases the scope for this and gives refugees and asylum-seekers a voice to be involved directly in advocacy and to link to local community organisations. One of the association's major concerns is the right to work. Asylum-seekers, whose applications have in certain cases taken two to three years to process, are not allowed to take up employment in the interim period.

The 1951 Refugee Convention states that refugees should not be penalised for entering a country illegally. Yet recent moves to deal with illegal immigration give cause for concern regarding the fate of refugees seeking asylum in Ireland. Given the delays in implementing the Refugee Act, a stricter approach by immigration officers could end up stopping some genuine asylum-seekers from entering the State.

UNHCR has indicated to the Government that new port of entry procedures for dealing with asylumseekers do not satisfy Ireland's international obligations, and have asked for their suspension.

The new Government faces a crucial and urgent task in effectively implementing the 1996 Refugee Act and in ensuring that, in the interim, Ireland's system for dealing with asylum-seekers meets our international obligations. National law and procedure are at the centre of refugee protection in Ireland. Asylum-seekers should not face a culture of disbelief. We need a well-resourced system and properly-trained staff.

When refugees are allowed to rebuild their lives, they can enrich the society around them. If given the chance, they can contribute to our society. Recent European history has shown that anyone can become a refugee. It behoves us all to guarantee the highest levels of protection for those who do.