Submission 2000

Submission to the National Consultative Committee on Racism and Inter-culturalism (NCCRI):
National Anti-Racism Public Awareness Programme

Introduction

Comhairle[1] welcomes the Government decision to allocate resources to the National Consultative Committee on Racism and Inter-culturalism (NCCRI) to mount a national anti-racism public awareness programme.

It is clear from the public discussions that have been reported that there are considerable misunderstandings about the laws, regulations and procedures which apply to asylum seekers, refugees and immigrants. We consider, therefore, that public information is an essential element of an anti-racism campaign and, in this submission, we put forward ideas for a public information strategy. Comhairle will be happy to co-operate with the NCCRI in the implementation of a public information campaign. (As part of its ongoing information strategy the Comhairle (formerly NSSB) monthly journal, Relate, covers a wide range of policy, administrative and legal issues. The June 2000 Issue[2] dealt with asylum seekers, refugees and immigrants).

We believe that an information campaign should be integrated with the activities of other relevant agencies, should involve all the relevant government services - including Ireland Aid, should be locally based and should be delivered independently of the Directorate for Asylum Support Services. Independent information services, particularly Citizens Information Centres (CICs), have a central role to play in this public information campaign

Public Information

There is a serious lack of information available to the public on the issues of immigration generally, and asylum procedures in particular. This information deficit is not the sole cause of the problems being experienced in the country but it is a significant factor and it contributes to unnecessary concerns and fears.

We are aware of and concerned about the problems faced by citizens and non-nationals in accessing information about immigration and asylum issues. At a time when government services generally are improving their information services, this remains an area where detailed, accurate, up-to-date information is not freely available. For example, there is no public information available on areas such as the criteria for granting visas or on the circumstances in which ‘humanitarian leave to remain' is granted.

Terminology and Public Perceptions

It is clear from public comment that there are considerable misunderstandings about the legal status of asylum seekers and refugees, about the numbers entering the country and about the procedures for deciding their status.

• The terms "asylum seekers" and "refugees" are quite often used interchangeably. People whose skin colour is not white are assumed to be asylum seekers even though significant numbers are Irish citizens, citizens of EU countries, legal immigrants with work permits or refugees.
  
• The term "illegal immigrant" is used indiscriminately and gives the impression that law and order in this area has broken down completely. It is incorrect to describe asylum seekers as "illegal immigrants". They are entitled to remain in Ireland until the processes have been completed. They only become "illegal immigrants" when they remain in the country in defiance of a valid deportation order. There are other illegal immigrants as well - for example, people who come legally on visas and overstay. Nevertheless, the term is widely used to refer to asylum seekers and to include people whose applications have not yet been decided.
  
• The distinction is also sometimes made between "genuine" refugees and others but this description is not valid until a decision is made on applications for refugee status.
  
• Terms, such as "floods" of asylum seekers or asylum seekers "pouring in" to the country, are frequently used when, in fact, the numbers involved are small by European standards and minuscule by African standards.
  
• An "amnesty" for asylum seekers would only arise if it were proposed to grant leave to remain to those people who are the subject of deportation orders and have not been deported. However, the word is most often used in the context of asylum seekers who have been in Ireland for some time and have not had a decision made. If it is decided to grant these people leave to remain, that is not an amnesty - it is a decision on their status. An amnesty does not arise as they have not broken any law.
  
• There is a perception that asylum seekers receive better social welfare, health and housing services than Irish people. This is not the case and a public information campaign should make this point starkly.
  
• There appears to be very little knowledge about the services which are provided to asylum seekers in Ireland. For example, the argument has been used that local schools will not be able to cope when, in fact, there are provisions in place to provide extra language teaching where there are four or more asylum seekers attending a national school.
  
• There is also a perception that asylum seekers come to Ireland only to avail of generous social welfare benefits. The fact, however, is that the majority are not allowed to work. Approximately one-fifth of applicants for refugee status are successful. It is not legitimate to classify the other four-fifths as "bogus" or being involved in an abuse of the process. They simply do not meet the stringent criteria set down in the 1951 United Nations Geneva Convention and the 1967 Protocol on the Status of Refugees.
  
• Some people come to Ireland with the legitimate purpose of trying to improve their economic condition. It is, therefore, inappropriate to describe such people as "bogus". They may not be entitled to refugee status or to stay in Ireland for other reasons but they are entitled to have their case assessed quickly and to be treated with respect while this process is being implemented.

The Basic Principles of an Information Campaign

A good quality, locally based public information campaign carried out in conjunction with independent information services, partnership bodies and other community development organisations could make a significant contribution to informing the public about the issues surrounding immigration, the rights of asylum seekers, refugees and other immigrants. We believe that people have a right to such information and we further believe that such information would contribute to reducing the fears which have been expressed. The public information campaign should be governed by the following principles:

1. the basic rights of asylum seekers and refugees;
   
2. a clear legislative and administrative framework;
   
3. an integrated and locally based approach.

A Rights Based Campaign

Asylum is a basic human right. International law, to which Ireland is committed, regards the right to asylum as a fundamental principle. Both international and national law recognise the principles of due process in assessing status and the need for fair, open and transparent procedures.

The information campaign should clearly and starkly present the rights of immigrants. One of the primary aims behind it must be to emphasise the human rights of asylum seekers, refugees and immigrants generally and Ireland's international obligations. It must emphasise that those rights are absolute and cannot be dependent on anything else. Such rights do not arise simply on a reciprocal basis - immigrants in Ireland have rights and these do not arise because Irish people exercised similar rights in the past.

A public information campaign needs to provide information on matters such as the conditions in the countries from which asylum seekers come, the rights and entitlements which asylum seekers and refugees have while in Ireland.

The campaign needs to be pro-active and challenging and should provide a context for questioning statements, such as, "I am not a racist but …." Generally speaking, people who are not racist do not need to preface their remarks with this statement.

The public awareness campaign should be addressed initially to those communities in which substantial numbers of asylum seekers live. It should emphasise the human rights issues and Ireland's international obligations.

The Legal Framework

The legislative framework for immigration into Ireland is seriously defective. The absence of a comprehensive legal framework is a significant cause of some of the problems which are manifesting themselves at present in expressions of racism and xenophobia. It is vitally important that, in an area of such significance for human and individual rights, there should be clear and comprehensive legislation underpinning the procedures. The absence of clear and comprehensive legislation is another factor in the inability to access clear and comprehensive information.

The legal and administrative problems which exist in the asylum process and in immigration procedures generally are not the responsibility of the NCCRI. However, we believe that an anti-racism campaign is unlikely to succeed unless they are tackled. Open, transparent, fair and workable procedures are essential to safeguard the rights of immigrants and prospective immigrants and their families as well as to alleviate fears about possible abuse of the system. While the existence of clear statutory rights will not, of itself, eliminate racism and xenophobia, it is a prerequisite for a climate of respect for rights and for tolerance of minorities.

• The Refugee Act, 1996 has not been implemented. It was substantially amended by the Immigration Act, 1999 but the relevant sections of this have not been implemented to date. The arrangements in place for decisions on asylum applications and for appeals are on an administrative basis only.
  
• It is accepted at EU level that the Dublin Convention mechanism (an Agreement between EU Member States that a person seeking asylum should apply for it in the first safe country he/she reaches) is not working satisfactorily. This needs to be examined as a matter of urgency and replaced with a more workable system.
  
• It is doubtful if the "direct provisions" arrangements (provision of full board and services and additional weekly pocket money) are in accordance with the legislation on Supplementary Welfare Allowance. Any such arrangement should clearly be provided for in legislation.
  
• Sections of the Aliens Act, 1936 have been found to be unconstitutional and doubt has been cast on other aspects of it. Yet this is the legislation which underpins most general immigration issues. It does not deal with important immigration issues such as humanitarian leave to remain or the rights of family members of immigrants. It also needs to deal with the rights of the non-national parents of Irish citizens.
  
• There is no legislation on the granting of visas nor are there any published policy guidelines about the procedure and the criteria which apply. While the arrangements for the granting of work permits have improved in recent times and there are published and accessible policy guidelines, there is still no legislation dealing with them. There is no appeals mechanism available to people who are aggrieved by visa or work permit decisions.
  
• There is no legislation underpinning the "humanitarian leave to remain" which may be granted by the Minister when an application for refugee status is refused. Also, there are no published policy guidelines on the circumstances in which such leave is granted.

The NCCRI is not responsible for the legislative framework but its public awareness programme will have to operate within the constraints placed by the legislative problems.That programme will also have to explain the legislative situation in order to make the public aware of the situation of asylum seekers and immigrants.

We recommend that

• The refugee legislation be brought into effect immediately;
• The legal basis for direct provision in the case of asylum seekers should be clarified;
• New legislation on non-nationals should be enacted. This should deal with provisions governing visas for students, members of families of people living here and other visitors; work permits; the basis on which leave to remain may be granted on humanitarian grounds and the rights of family members of immigrants, including the rights of non-national parents of Irish children.

Administrative Problems

As well as legal problems there are also major administrative delays in dealing with applications for asylum. While these problems are now being addressed, it is important to recognise that delays which occur are not normally the fault of asylum seekers and that asylum seekers are likely to be significantly disadvantaged by those delays.

The dispersal policy is being administered by civil servants based in Dublin who do not have any local backup. This "Dublin imposed" solution is a cause of some of the resentment felt in areas to which asylum seekers have been dispersed. Again, we are not expressing a view on the appropriateness of dispersal but on its implementation. While a locally based information programme will not remove all the opposition, it will reassure some people, force some people to acknowledge their prejudices and give people an opportunity to be involved in the integration of the new arrivals.

The dispersal programme relates to asylum seekers, not to refugees. Refugees are free to live anywhere and are not subject to direct provision. One of the consequences of this is that communities who receive dispersed asylum seekers may never have a refugee among them. It is important that refugees are introduced to local communities in order to tell their story. Involvement by refugees should be an essential element of a public information campaign.

An Integrated Information Campaign

The information campaign should be integrated across all relevant agencies, statutory and community/voluntary and should be locally based in order to make it relevant to the concerns of people in areas where asylum seekers are to live.

In the past, the National Social Service Board (NSSB), now part of Comhairle, has made a number of submissions to Government on services and issues which are cross departmental and which are not addressed or delivered in an integrated way.

• In order to ensure that the NCCRI's public awareness campaign does not fall into this trap, Comhairle recommends that it should be delivered in conjunction with Ireland Aid, the National Committee of Development Education, local community development groups, local partnerships and independent information centres.
  
• We consider that an anti-racism campaign must mobilise all of the elements of government which have a bearing on the issue. We consider that the campaign should bring together agencies such as the Equality Authority and the Director of Equality Investigations (in relation to implementing the racial and ethnic origin aspects of the equality legislation), the Gardai (in relation to implementing the incitement to hatred legislation) and the Health Boards.
  
• We welcome the proposals in the Programme for Prosperity and Fairness to promote inter-culturalism and anti-racism in all schools and in the other formal and non-formal areas of the education system. We consider that the NCCRI campaign should co-ordinate with the schools' activities.
  
• We consider that the public information campaign should be delivered by the NCCRI and not by the Directorate of Asylum Support Services.
  
• We believe that independent information is more likely to be accepted by communities and, therefore, more likely to be successful.

A Local Information Campaign

Since locally based provision is likely to be more effective, it is important that the information campaign has a strong local dimension - in particular in areas where numbers of asylum seekers are living. There should be community involvement in the provision of services for asylum seekers. There should also be community consultation for the establishment of reception centres but it should be made clear that communities do not have a veto over the principle. People in local communities should be provided with comprehensive information about the services which will be provided to asylum seekers while they are living in their area.

Since independent information services, including CICs, operate in local areas and are staffed by local people, they are in a strong position to deliver an information service which is sensitive to local concerns and needs. Comhairle will be happy to co-operate with the NCCRI in providing information and training to CICs and to other independent information services to enable them to deliver a local information campaign aimed at combating racism and xenophobia.

The Integration of Refugees

At present, approximately one quarter of applicants actually qualify for refugee status. This means that there are relatively very few refugees living here. Of the 15,000 applications outstanding, it is likely that less than 4,000 will be granted refugee status. They will then have the right to bring certain family members to live here.

There are two substantial groups of refugees living here whose experience could be used to good advantage in promoting better community relations - the Vietnamese and Bosnian people who came here as programme refugees. The Refugee Agency (which is being incorporated into the Directorate for Asylum Support Services at present and which will be part of the proposed new Reception and Integration Agency when it is established) has been responsible for the integration of the programme refugees. That agency operated in the environment of foreign aid which is generally a more sympathetic environment than the immigration environment. Its experience should not be lost in the new arrangements but should be built on.

Developing a co-ordinated response

Ireland Aid is actively involved in addressing the problems of very poor underdeveloped countries which are themselves recipients of vastly greater numbers of refugees than any of the developed countries. There is a need for a public education programme about Ireland Aid and its activities and this should be incorporated in the NCCRI Public Awareness Programme.

The National Committee for Development Education (NCDE) provides small grants to local groups to promote development education. We consider that the NCCRI should organise its local public information campaign in partnership with the NCDE.

1. Comhairle is the new national agency responsible for the provision of information, advice and advocacy on social services. and combines all aspects of the work of the National Social Service Board (NSSB) and the information function of the National Rehabilitation Board (NRB). Comhairle provides information and advice on the broad range of social services via the national network of Citizens Information Centres (CICs), Comhairle offices and the Citizens' Information Database (CID). During 1999 the national network of CICs (85 centres) dealt with 240,000 queries from members of the public.
2. A copy of this Issue of Relate is included with this Submission.