|
En Masse Deportation, or amnesty, a way forward
By: Barrister Amjad Malik
Dr Rehman Malik broke the news in a hasty press briefing in London on Nov 3 that that recent Memorandum of Understanding between Pakistan and the United Kingdom on extradition does not cover those Pakistanis living legally in Britain. Well of course, settled immigrants have no worries, it’s those who are stuck in the backlog who are crying for help. But the same night, Chief Inspector, and independent reviewer of visa process, John Vine in his report depicted possible discrimination with Pakistanis in visa process exposed all the merry go round claims and exposed a bitter reality. Pakistan is the fourth largest source of applications to enter the UK and the independent Watchdog’s report is critical of the UK Border Agency as they may be unlawfully discriminating against Pakistanis. John Vine wrote that it was harder to enter the UK from Pakistan than from the likes of Bahrain, Abu Dhabi and Dubai. He confirmed that staff applied higher evidential requirements for entry and made worryingly inconsistent visa decisions. Government denied allegations saying the process was designed to target visa fraud. On Nov 5 British High Commissioner , H.E. Adam Thomson told the reporters in Islamabad that, they do not single out Pakistanis – but will not tolerate this abuse from any nationality. They will take action against all of those who are living in the UK illegally, including those who overstay, illegal entrants and those working without permission, and that UKBA would rather individuals with no right to remain in the UK leave voluntarily, but where they do not do so we are left with no choice but to seek to enforce their removal. The UK Border Agency will only remove those found to have no right to stay in the UK. In this case the individual is given advance notice of their removal and during this time can access legal advice. British High Commissioner , H.E. Adam Thomson being economical with truth when denied such treatment despite facing reality that Pakistanis are facing racial discrimination day in day out which has crept into the foreign embassies and remedial steps are urgently needed to control further damage.
Coming to the bilateral Memorandum of Understanding on Managed Migration with Pakistan which was initially signed for a period of 5 years in July 2005 by General musharraf (Richard Armitage fame dictator ) and the same has recently been renewed for a further 5 years without any changes to the text, is a worrying development. The MOU of a military man must have the closer scrutiny of the parliament to root out chaff from grain. Though, task force on intelligence share, joint commitment on human trafficking, and number of individuals to be deported each month to Pakistan from UK are new additions to some unless challenged. The MOU provides the framework for co-operation on a range of immigration matters, including returns of those waiting to be regularised for years and its renewal has raised many questions. Hence the reservation on ‘MOU’ remains, and the said document must be made public to be fair on all sides.
Those lawfully here do not need to fear from the governmental agreements but the feared are those who are in backlog and are wanting to be regularised some of whom are wanted by state and fear torture upon return and it is not clear that all those Pakistani Immigrants in the ‘backlog’ free of risks of further detention and imminent removal and this memorandum unless made public for scrutiny is qua sai flawed as there are around a million waiting to be regularised in UK and deportation and or removal of only Pakistanis without due process will be discriminatory and against the basic human rights of those individuals some of whom are seeking protection under the Geneva Convention 1951 and ECHR 1950.Both Govt’s cannot deny individuals a right of international protection, fair trial and due process which benefitted in the past the current Interior Minister, both premiers and is currently aiding the former military dictator as that is the beauty of British law that it sees everyone equally. Judicial system protects people who fear persecution for their long held belief or reasons of race , colour, nationality or political association and or unfair trial, torture & ill treatment in their country of origin. It will be saner for the Govts to bring those People working under the carpet in UK to bring them in the tax net, and they are properly documented. The Government must address the issue of current backlog consisting of existing failed asylum seekers, overstayers, and families with children living in Britain to regularise them rather than removing them. Migration watch earlier estimated the figure of around 870,000 people and though the Home Office accepts a lesser number being economical with the truth. Dr Rehman Malik must impress his British counterpart for regularisation of those immigrants not their arrests, detention, repatriation, and threats of prosecution.
The recent case of Anam vs Home Secretary [2010] EWCA Civ 1140 raises primarily the scope of the ‘exceptional circumstances’ test contained in the Chapter 55 of the Enforcement Instructions and Guidance along with the application of Hardial Singh principle in detention cases. There is a widespread fear that MOU may become a tool to promote outsourcing torture and illegal actions and Pakistan may be used to torture to extract information on behalf of third parties as has allegedly happened in the case of British resident Bin Yam Mohammed & Rangzeb Ahmed over which Courts have criticised Pakistani Govt, and intelligence community. The forthcoming task force tackling human trafficking, as well as intelligence sharing mechanism to combat terrorism is a welcoming initiative. However, Regulated Advice service is also necessary to root out agent system so that people may have access to quality advice through local lawyers. In UK only OISC registered or exempted person may lodge appeal, but same work is carried out without fail in Pakistan who frequently lodge applications and appeals without any regularisation.
Joint intelligence share must also come with joint cooperation in investigation, arrests, prosecution, sentencing and de-radiclaistaion programme. Increasing Missing person’s cases and acquittal of Marriott bombing suspect including Hijrat Ullah (under appeal) is a prime example which depicts an inherent flaws in the system of trial and tribulations. A specialist body must be set up to investigate ‘terrorism related’ matters and act as a deterrent and a specialist body where if a person is considered to pose a threat to national security, a case is tried in that specialist court (Commission). A tribunal is set up under a vetted existing high court judge and or a newly appointed where two set of hearings take place one in open, second a closed where lawyer, of accused is not present and only vetted prosecutor general may present a case, the accused are given a code name (a,b,c) and they are referred at all times with their code names and their nationality at no point is revealed so that intelligence is not compromised. Judge heading the court can authorize a statement to press and on most of the open hearings the session is conducted in a camera session where only the accused and his attorney are present. More leads turning into arrests and most arrests ending up into prosecution, trial and sentence is a key to promote rule of law and create a viable deterrent. I think rehabilitation and de radicalisation process is also the need of the hour where people who pose a threat may be sectioned under mental health until a religious scholar, mental health specialist and/or a psychologist and intelligence personnel assess jointly that an individual is de radicalised and is safe for himself, and for the public. This will promote rule of law and a proper strategy to address the issue of increasing militancy and redicalistaion as well as grouse of growing numbers of undocumented missing citizens. At the moment Pakistan is just Parking the terrorists on behest of the West and there is no resources or initiative to handle them, document them and deal with them legally and professionally. One closure of Guantanamu Bay has led to the opening of many overseas.
Objection to deportations of many thousand Pakistanis support the idea that the current British Home Secretary should consult with all stakeholders & chalk out a strategy to bring all those in the backlog back in the Immigration record especially those who have long been waiting in the system working in our black economy as semi slaves and have no criminality. A statement from both British Premier David Cameron and Pakistani Prime Minister Mr. Gillani must come forward post reservations on ‘MOU’ by critics ensuring that any changes to the immigration system will operate in a fair, transparent and judicious manner, while protecting and promoting the competitive position of successful UK businesses and compliance with basic human rights of the individuals duly protected by the Geneva Convention 1951 and European Convention on Human Rights 1950 will not be compromised. To me amnesty to thousands is a way forward
Than en masse Deportation(s).
Barrister Amjad Malik is a Chair Association of Pakistani Lawyers (UK)
Thursday, 11 November 2010
|