NGO coalition calls for an urgent review of the Department of Justice’s handling of Afghan strike

national | racism & migration related issues | press release Thursday May 25, 2006 12:10 by Mark Grehan - Residents Against Racism

NGO coalition calls for an urgent review of the Department of Justice’s handling of Afghan hunger strikers protest

A coalition of NGO’s today, (25 May 06) criticised the Department of Justice’s handling of the Afghan hunger strikers protest, that resulted in thirty three Afghan asylum seekers facing criminal charges at Kilmainham District Court in Dublin. The coalition called for an urgent review of the Department of Justice’s handling of the situation.

Speaking outside the court today, Aki Stavrou Director of Integrating Ireland said that, “The case of the hunger strikers in St Patrick’s Cathedral has rightly prompted widespread concern. It is shameful that thirty-three men who came to Ireland from Afghanistan to seek asylum and who protested at their treatment in our asylum system have ended up facing criminal charges in court. The protest was not a threat, or a stunt, but a desperate plea to the government to simply recognise the reality of their experiences of the asylum system and to listen to their concerns.”

Commenting on the Ministers handling of the situation, Rosanna Flynn, of Residents against Racism highlighted that, “The men who participated in the protest were expressing a deeply and genuine felt fear that the Irish asylum process would not guarantee their safety and provide them with international protection. The Ministers handling of this situation raises serious questions and concerns. Calling off negotiations after the men had agreed to a safe resolution was irresponsible and dangerous and resulted in an escalation of the situation. Arresting the men after such an ordeal suggests a confrontational intent on the part of the Department of Justice.”

Further concerns were raised by the group regarding the negative media portrayal of those involved. Deirdre Clancy, Co-Director of the International Refugee Rights Initiative, stated that, “We are deeply concerned at the damaging way that some sections of the press have portrayed those involved in the hunger strike. We must be careful not to fuel prejudice by irresponsible, inaccurate and sensationalist reporting.”

Supported by:

International Refugee Rights Initiative

Integrating Ireland

Residents against Racism

Tralee Refugee Support Services

Further Details:

Aki Stavrou 087 7847310

Deirdre Clancy 086 4073797

Rosanna Flynn 087 6662060

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Note to Editors:

Joint NGO statement regarding the Afghan hunger strikers released on Sunday 21 May 2006.

Joint NGO Statement 21 May 2006

We accept that the asylum seekers who took part in the hunger strike in St., Patrick’s

Cathedral in Dublin have a strong belief that they have a need for international protection.

We accept that they believe that they have not been given an adequate opportunity to present their cases clearly in Ireland, for a variety of reasons. These include

· Difficulties in connection with legal representation in certain cases inadequate interpretation and translation assistance

· Lack of clarity in the regulation of documentary evidence requirements

· Lack of understanding of the situation in Afghanistan

· Lack of funds to challenge the procedural problems encountered in the High Court

· Lack of transparency or clear criteria in deciding applications for humanitarian leave to remain

We the undersigned national and international organisations undertake, to the extent of each of our respective organizational competencies, to assist the asylum seekers in ensuring that their claims for protection are clearly presented, and that any procedural problems encountered to date in the asylum procedure are addressed. We believe that the real and defining purpose of our asylum system is to provide international protection to those in need and to ensure that no-one is returned to danger.

To this end we have identified a team of leading lawyers who are prepared to take action in the High Court and other venues as appropriate to redress the procedural and other problems which have arisen in the process experienced by the men to date. We are also ready to provide research and other support as needed to assist them in the progress of their cases and to assist those who have not yet received any decision to ensure that those cases are properly presented.

We are ready, and have the relevant expertise, to involve international human rights mechanisms in ensuring their protection, if required.

We believe that the current situation in Afghanistan gives rise to clear concern for the safety of particular categories of persons if returned. Many individuals from Afghanistan continue to have a need for protection outside Afghanistan as refugees or as persons with humanitarian leave to remain.

In addition to the events of this week in southern Afghanistan, we note in particular that the Irish government has stated that

“The security situation in Afghanistan remains a cause of serious concern […] Taliban militants and criminal groups are still active in parts of the southern and eastern regions, where the security situation remains particularly volatile.” [1]

Last month on the 4th April 2006, the Minister for Foreign Affairs again reiterated that the security situation in the country

“Remains a cause of serious concern and continues to undermine reconstruction efforts outside the cities. The conflict is complex and is influenced not just by Taliban insurgency but also by a number of other factors including ethnic and tribal tensions, narcotics and crime.”

A report by the UN Secretary General of last month also noted that[2]:

“The human rights situation in Afghanistan remains challenging, above all owing to the security situation and weaknesses in governance. Impunity of factional commanders and former warlords has also served to undermine incremental improvements. The significant upsurge in violence in some parts of the country has limited the access to those areas by both international humanitarian actors and Government representatives, denying the population access to entitlements, services and protection. Complaints of serious human rights violations committed by representatives of national security institutions, including arbitrary arrest, illegal detention and torture are numerous.” […]

Security remains foremost among the challenges facing Afghanistan. I am increasingly concerned that the insecurity that is poisoning the lives of Afghans in several provinces of the country and that denies them the ability to enjoy the benefits of the peace process, is whittling away at the support for the institutions that have emerged under the Bonn process. Regardless of the causes of the conflict in Afghanistan — continuing insurgency and terrorism, factional violence and disputes over resources that State institutions are still too weak to address and a thriving drug economy that provides fertile ground for criminal networks and corruption — the concept of a democratic State will only take root if the people of Afghanistan become convinced that what is on offer is better than any alternative, either experienced or being imposed by force.

We undertake to make every effort to ensure that the physical and psychological wellbeing of the men is assured.

FLAC (Free Legal Advice Centres)

Integrating Ireland

International Refugee Rights Initiative

Tralee Refugee Support Services

Refugee Information Service

Residents against Racism

Children’s Rights Alliance

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[1] 14th December 2005, Dail Eireann, the Minister for Foreign Affairs.

[2] The situation in Afghanistan and its implications for international peace and security, Report of the United Nations Secretary General, 7 March 2006, A/60/712- S/2006/145.