April, 27 2016, 04:00pm EDT
Austria: Drastic, Unjustified Measures against Asylum Seekers
The law approved today by the National Council of the Austrian parliament is a blow to the rights of asylum seekers, Human Rights Watch said today. The law, which is expected to pass quickly and unchallenged in the parliament's upper chamber, allows the federal government to declare a state of emergency and drastically curtail the right to seek asylum at Austria's borders.
MILAN
The law approved today by the National Council of the Austrian parliament is a blow to the rights of asylum seekers, Human Rights Watch said today. The law, which is expected to pass quickly and unchallenged in the parliament's upper chamber, allows the federal government to declare a state of emergency and drastically curtail the right to seek asylum at Austria's borders.
"These measures constitute a legal wall to asylum just as despicable as a razor-wire fence," said Judith Sunderland, acting deputy Europe and Central Asia director at Human Rights Watch. "Austria should be working with other European Union countries to make sure people have a fair chance to get the protection they need, not taking unilateral decisions to pass asylum seekers around like hot potatoes."
The law will allow the government, with the approval of the Main Committee in parliament, to declare "special measures for the maintenance of public order and the safeguarding of internal security" in the event of significant arrivals of migrants and asylum seekers at Austria's borders. The law, however, fails to define exactly what could trigger and justify the imposition of these special measures.
The key feature of the package of special measures is a fast-track admissibility procedure for asylum seekers at Austrian land borders. Austrian police officers will examine applications solely for the purposes of determining whether individuals can be returned to the neighboring country from which they came. Only people who argue successfully that their lives would be in danger or that they face a real risk of torture or inhuman or degrading treatment in a neighboring country, or who have a nuclear family member already in Austria, will be allowed to formally apply for asylum. Appeals against returns will only be possible after the return has taken place. The law increases the amount of time people can be detained pending return from five to 14 days.
The government and parliament moved forward with these plans despite strong criticism from the United Nations refugee agency UNHCR and nongovernmental organizations. Nils Muiznieks, the Council of Europe commissioner for human rights, called the measures "highly problematic," and had urged Austria not to move away from its obligations under international and EU law.
This harsh border regime will effectively block access for most asylum seekers to a fair and efficient procedure in Austria, and deny them the right to an effective remedy, Human Rights Watch said. Insofar as the measures are geared towards declaring almost all applications inadmissible and detaining almost every asylum seeker pending their forced return to a neighboring country, the law risks instituting blanket, automatic detention without due attention to particularly vulnerable asylum seekers.
The law is grounded in the flawed premise of the Dublin Regulation - that all EU countries share common asylum standards and procedures - but seeks to bypass the minimal procedural guarantees that must accompany the return of an asylum seeker to the first EU country of arrival (a general rule under the regulation). All of Austria's neighbors are bound by the Dublin Regulation, including Switzerland, even though it is not an EU member state.
The law marks a further hardening of Austria's asylum policies. In mid-February, Austria instituted a daily cap of 80 asylum applications at its borders, a move European Migration Commissioner Dimitris Avramopoulos called "plainly incompatible" with EU law. Since January, Austria has periodically introduced border controls in what would normally be the Schengen free movement area, citing concerns about the influx of migrants and asylum seekers. On Monday, April 25, it re-imposed checks on its border with Hungary and is currently building physical barriers to enable more border control at the Brenner Pass, on its border with Italy, amid predictions of an increase in boat migration across the central Mediterranean from North Africa to Italy in the coming months.
Austria is one of a handful of countries that have not made any places available for the implementation of an EU plan decided in September 2015 to relocate 106,000 Syrian, Iraqi, and Eritrean asylum seekers from Italy and Greece. Austria has resettled 1,395 refugees from Lebanon, Jordan, Turkey, and Iraq since it agreed in July 2015 to an EU resettlement scheme obligating it to resettle 1,900 refugees from other regions of the world.
Austria received almost 90,000 new asylum applications in 2015, a threefold increase over the previous year. Migration and refugee issues have featured prominently in the presidential election campaign, in which Norbert Hofer, the candidate for the far-right Freedom Party, won the most votes in the first round of voting on April 24. The run-off vote will be held in late May.
"Rolling back refugee rights is bad politics and even worse policy," Sunderland said. "The Austrian government should live up to its responsibilities instead of hiding behind closed borders and abusive laws."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
New Jersey Governor Signs Freedom to Read Act Barring Book Bans
The law, said the Democrat, "cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students."
Dec 09, 2024
Democratic New Jersey Gov. Phil Murphy on Monday signed legislation protecting librarians and prohibiting public schools and libraries from banning books—a move that came as Republican state lawmakers are proscribing a record number of titles, many of them works addressing sexual orientation, gender identity, and racial injustice.
Flanked by educators, librarians, and other advocates, Murphy signed
A.3446/S.2421—known as the Freedom to Read Act—in the Princeton Public Library.
"The Freedom to Read Act cements New Jersey's role on the forefront of preventing book bans and protecting the intellectual freedom of our educators and students," said Murphy. "Across the nation, we have seen attempts to suppress and censor the stories and experiences of others. I'm proud to amplify the voices of our past and present, as there is no better way for our children to prepare for the future than to read freely."
According to a statement from Murphy's office:
Under the law, boards of education and governing boards of public libraries are barred from excluding books because of the origin, background, or views of the material or of its authors. Further, boards of education and governing boards of public libraries are prevented from censoring library material based on a disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, unless they are restricting access to developmentally inappropriate material for certain age groups.
The legislation "also provides protections for library staff members against civil and criminal lawsuits related to complying with this law."
New Jersey Association of School Librarians President Karen Grant said that "the Freedom to Read Act recognizes the professionalism, honor, work ethics, and performance of school and public library staff" and "promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students' lives."
"The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students' growth and development," Grant added. "Additionally, we are grateful for the broad coalition of support from so many organizations for this legislation."
The leader of one of those groups—Garden State Equality executive director Christian Fuscarino—said, "Gov. Murphy just made it clear: In New Jersey, censorship loses, and freedom wins."
"At a time when access to diverse and inclusive materials is under attack across the nation, this legislation sends a powerful message that New Jersey will stand firm in protecting intellectual freedom and fostering a culture of understanding and inclusion," Fuscarino added.
The New Jersey law comes amid a near-tripling in the number of books banned or challenged by Republican state lawmakers and right-wing organizations over the past year, with PEN America counting over 10,000 such titles during the 2023-24 academic year—up from 3,362 titles during the previous scholastic year.
With Murphy's signature, New Jersey joins Minnesota and Illinois in passing state legislation to counter GOP book-banning efforts.
As the Chicago Tribunereported Sunday, "a number of school districts, many of them in deeply conservative areas of south and central Illinois," are giving up state grants rather than adopting principles against book-banning."Keep ReadingShow Less
'Completely Un-American': Progressives Slam Trump Plan to End Birthright Citizenship
"Emboldened by a Supreme Court that would use its power to uphold white supremacy rather than the constitution of our nation, Trump is on a mission to weaken the very soul of our nation," said Rep. Delia Ramirez.
Dec 09, 2024
Progressives in Congress and other migrant rights advocates sharply criticized U.S. President-elect Donald Trump for his comments on immigration during a Sunday interview, including on his hopes to end birthright citizenship.
During a 76-minute interview with NBC News' Kristen Welker, Trump said he "absolutely" intends to end birthright citizenship, potentially through executive order, despite the 14th Amendment to the U.S. Constitution. Among many lies the Republican told, he also falsely claimed that the United States is the only country to offer citizenship by birth; in fact, there are dozens.
In response,
outgoing Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said on social media Monday: "This is completely un-American. The 14th Amendment guarantees birthright citizenship. Trump cannot unilaterally end it, and any attempt to do so would be both unconstitutional and immoral."
Congresswoman Gwen Moore (D-Wis.) similarly stressed that "birthright citizenship is enshrined in the Constitution as a cornerstone of American ideals. It reflects our belief that America is the land of opportunity. Sadly, this is just another in the long line of Trump's assault on the U.S. Constitution."
Rep. Delia Ramirez (D-Ill.), the daughter of Guatemalan immigrants, said in a statement: "'Give me your tired, your poor, your huddled masses yearning to breathe free.' It is important to remember who we are, where many of us came from, and why many of our families traveled here to be greeted by the Mother of Exiles, the Statue of Liberty."
Ramirez argued that "the story of our nation wouldn't be complete without the sweat, tears, joy, dreams, and hopes of so many children of immigrants who are citizens by birthright and pride themselves on being AMERICANS. It is the story of so many IL-03 communities, strengthened by the immigration of people from Poland, Ukraine, Italy, Mexico, and Guatemala, among others. It is the story of many members of Congress who can point to the citizenship of their forebears and ancestors because of immigration and birthright."
"Let's be clear: Trump is posing the question of who gets to be an American to our nation. And given that today's migrants are from Africa, Asia, the Caribbean, and Latin and Central America, it is clear he is questioning who are the 'right' people to benefit from birthright citizenship," she continued. "Questioning birthright citizenship is anti-American, and eliminating it through executive action is unconstitutional. Donald Trump knows that."
"But emboldened by a Supreme Court that would use its power to uphold white supremacy rather than the Constitution of our nation, Trump is on a mission to weaken the very soul of our nation," she warned. "I—like many sons and daughters of immigrants and first-generation Americans—believe in and fight for a land of freedom, opportunities, and equality. To live into that promise, we must stand against white nationalism—especially when it is espoused at the highest levels of government."
Although Republicans are set to control both the U.S. Senate and the House of Representatives next year, amending the Constitution requires support from two-thirds of both chambers of Congress and three-fourths of the state legislatures, meaning that process is unlikely to be attempted for this policy.
Rep. Adriano Espaillat (D-N.Y.) highlighted the difficulties of passing constitutional amendments while discussing Trump in a Monday appearance on CNN. The incoming chair of the Congressional Hispanic Caucus was born in the Dominican Republic and is the first formerly undocumented immigrant elected to Congress.
As Mother Jones reporter Isabela Dias detailed Monday:
Critics of ending birthright citizenship for the U.S.-born children of undocumented immigrants argue it would not only constitute bad policy, but also a betrayal of American values and, as one scholar put it to me, a "prelude" to mass deportation.
"It's really 100 years of accepted interpretation," Hiroshi Motomura, a scholar of immigration and citizenship at UCLA's law school, told me of birthright citizenship. Ending birthright citizenship would cut at the core of the hard-fought assurance of equal treatment under the law, he said, "basically drawing a line between two kinds of American citizens."
Trump's NBC interview also addressed his long-promised mass deportations. The president-elect—whose first administration was globally condemned for separating migrant families at the southern border and second administration is already filling up with hard-liners—suggested Sunday that he would deport children who are U.S. citizens with undocumented parents.
"I don't want to be breaking up families, so the only way you don't break up the family is you keep them together and you have to send them all back," Trump told Welker.
Responding in a Monday statement, America's Voice executive director Vanessa Cárdenas said, "There's a growing consensus that the Trump mass deportation agenda will hit American consumers and industries hard, but the scope of what Trump and his team are proposing goes well beyond the economic impact."
"Trump and allies are making clear their mass deportation agenda will include deporting U.S. citizens, including children, while aiming to gut a century and a half of legal and moral precedent on birthright citizenship," she added. "In total, their attacks go well beyond the narrow lens of immigration to the fundamental question of who gets to be an American."
Keep ReadingShow Less
Green, Indigenous Groups Warns Arctic Still at Grave Drilling Risk When Trump Returns
"Drilling for oil in the Arctic National Wildlife Refuge is all risk with no reward," said one advocate.
Dec 09, 2024
Wildlife protection groups and Indigenous leaders in Alaska said Monday that they would push to discourage bidding in an oil and gas lease sale just announced by the U.S. Interior Department for part of the Arctc National Wildlife Refuge.
Under the 2017 Tax Cuts and Jobs Act, which opened the refuge for oil and gas drilling, the Biden administration announced the second of two lease sales, set to be held on January 9, 2025.
The first Trump administration held the initial lease sale in 2021, but with banks and insurance companies increasingly reticent to back drilling projects in the area, it generated little interest and led to less than 1% of the projected sale revenue.
Releasing its final record of decision, the Interior Department said Monday that 400,000 acres of wilderness in the refuge's 1.6-million-acre northwest Coastal Plain would be put up for bidding at a minimum price of $30 per acre—despite vocal opposition from the Gwich'in Nation and the Iñupiat Alaska Natives.
The land supports local communities as well as porcupine caribou herds and polar bears.
"Our way of life, our food security, and our spiritual well-being is directly tied to the health of the caribou and the health of this irreplaceable landscape," Kristen Moreland, executive director of Gwich'in Steering Committee, toldBloomberg News. "Every oil company stayed away from the first lease sale, and we expect them to do the same during the second."
The record of decision concludes the Bureau of Land Management's process for developing a supplemental environmental impact statement, which was required after President-elect Donald Trump's first administration completed an analysis with "fundamental flaws and legal errors," as the Sierra Club said Monday.
Selling the drilling rights just before Trump takes office could complicate the GOP's plans to hold a more expansive sale later on, but Dan Ritzman, director of Sierra Club's Conservation Campaign, emphasized that regardless of who is in office when the sale takes place, "oil and gas development in the Arctic Refuge is a direct threat to some of the last untouched landscapes on Alaska's North Slope and to the caribou herds that the Gwich'in people rely on."
"The 2017 tax act, forced through Congress by Donald Trump and his Big Oil CEO allies, opened up the Coastal Plain to oil and gas leasing," said Ritzman. "Letting him oversee a lease sale over these pristine lands would be beyond irresponsible. In the meantime, President [Joe] Biden should listen to the Gwich'in and do all that he can to preserve these lands and waters. His legacy is on the line."
Erik Grafe, an attorney at environmental law firm Earthjustice, said the group is "committed to going to court as often as necessary to defend the Arctic Refuge from oil drilling and will work toward a more sustainable future that does not depend on ever-expanding oil extraction."
"Drilling for oil in the Arctic National Wildlife Refuge is all risk with no reward," said Grafe. "Oil drilling would destroy this beautiful land, held sacred by Gwich'in people, and would further destabilize the global climate, but it offers zero benefit to taxpayers or consumers."
Defenders of Wildlife called on Congress to repeal the 2017 tax law's mandate for leasing sales in the "iconic American landscape" of the Arctic Refuge.
"Turning the coastal plain into an oilfield will obliterate the pristine wilderness of the Arctic Refuge," said Nicole Whittington-Evans, Alaska senior program director for the group, "directly threatening the future of the Porcupine caribou herd and the physical, cultural, and spiritual existence of the Gwich'in people who depend on them."
Keep ReadingShow Less
Most Popular