Proposer: Sami Wannell
Warwick No: 0525921
Seconder: Jehanzeb Khan
Warwick No: 0906436
RESOLUTION SUPPORT THE YARL’S WOOD HUNGER STRIKE This Union Resolves: 1. To send a letter of support to the Yarl‟s Wood hunger strikers1. 2. To mandate the President and Welfare Officer to immediately send a letter to Phil Woolas MP (the Minister of State Borders and Immigration) outlining the arguments in the supporting document, and calling for the release of the Yarl‟s Wood 4 from prison.
Supporting information Yarl‟s Wood Immigration Removal Centre and the wider immigration picture The United Kingdom has eleven detention centres which can be used to detain migrants or asylum seekers, run by private companies on a contract from the UK Borders Agency (UKBA). The Nationality, Immigration and Asylum Act (2002) changed the name of the detention centres to “removal centres” – even though many detainees cannot be „removed‟ due to their asylum claims still being under review, or the correct documents not being available. The use of detention is controversial because opponents argue it is wrong to imprison or restrict the movements of people who have committed no crime, and in many cases, people who have come to the UK to escape persecution. Those detained and their advocates have frequently complained about the conditions inside detention centres and the treatment of detainees by staff2. The British government can detain asylum seekers and migrants at any stage of the asylum process3. The use of asylum has increased with the introduction of the process of 'fast tracking', or the procedure by which the Immigration Service assesses asylum claims which are capable of being decided quickly. Fast-tracking takes place in Oakington Reception Centre, Harmondsworth and Yarl's Wood IRCs. This fast-tracking means that the UKBA has acquired powers to accept or reject evidence, including medical evidence of torture, without any judicial oversight, when removal directions have been issued to detainees. Asylum seekers and migrants can be lawfully detained only: 1. To fast track their claim 2. If the government has reasonable grounds to believe that the asylum seeker or migrant will abscond or not abide by the conditions of entry. 3. If the asylum seeker or migrant is about to be deported. According to pressure group Barbed Wire Britain, there were around 2,500 people being held in “Immigration Removal Centres” (IRCs) across the UK in 2007. The UK is one of only seven Via “Women Behind the Wire”, at WomenBehindTheWire@ncadc.org.uk http://www.politics.co.uk/briefings-guides/issue-briefs/policing-and-crime/immigration-detention-centres$366686.htm 3 http://www.opsi.gov.uk/acts/acts2002/20041--e.htm#62 1 2
European countries that have not set a limit on how long they lock up failed immigrants. France has a limit of 32 days, Italy and Spain have a limit of 40 days and Ireland has a limit of 56 days4. In April 2007, a company called Serco took over the contract to run Yarl's Wood from Group 4. Yarl‟s Wood is run as a business for profit by private firm Serco. Serco staff are acting as frontline immigration staff and have clearly overstepped their capacities and need to be held accountable for their actions. A 2006 Legal Action for Women (LAW) investigation into Yarl‟s Wood IRC found that: 70% of women are survivors of rape; nearly half had been detained for over three months; 57% had no legal representation; and 20% had lawyers who demanded payment in advance. Women reported sexual and racial intimidation by guards. LAW‟s Self-Help Guide has been confiscated by guards depriving detainees of information about their rights5. It is claimed by many people against Yarl‟s Wood IRC that the centre is being run as a for-profit business6 at the cost of women and their families, with many facilities lacking from what they should be e.g. the sub-par private health care centre inside the centre7. Children are held at Yarl‟s Wood along with their mothers, leading England‟s Children‟s Commissioner to call the IRC “distressing and harmful”8. Moji Daniels, who has three grown up children in the UK and is currently on hunger strike at Yarl Wood, said the government is locking up mothers with British children and claiming they have no family ties to the country. There are eight women that have been in the center for more than two years. 16 women have been there for over one year and another 50 for more than six months.9 Instead of detaining foreign nationals, there are alternatives to detention as adopted by the Parliamentary Assembly of the Council of Europe (PACE) on 28th January 201010: 9.1.1. detention of asylum seekers and irregular migrants shall be exceptional and only used after first reviewing all other alternatives and finding that there is no effective alternative; 9.3.4.1. placement in special establishments (open or semi-open); 9.3.4.2. registration and reporting; 9.3.4.3. release on bail/surety; 9.3.4.4. controlled release to individuals, family members, NGOs, religious organisations, or others; 9.3.4.5. handover of travel and other documents, release combined with appointment of a special worker; The hunger strike and its causes As of the 5th of February 201011, the residents at Yarl's Wood IRC (involving over 84 women) are on hunger strike, to: http://www.independent.co.uk/news/uk/crime/locked-up-indefinitely-the-prisoners-who-have-committed-nocrime-1899049.html 5 http://www.thefword.org.uk/blog/2008/10/yarls_wood_staf and the LAW report ““Bleak House in Our Times: An investigation into women‟s rights violations.” 6 http://wiki.noborders.org.uk/workspace/Detention_profiteers 7 http://immigrantmagazine.co.uk/2010/02/uks-immigrant-detention-dungeon/ 8 http://news.bbc.co.uk/1/hi/uk_politics/8518574.stm 9 http://www.emigrate.co.uk/news/996342.html 10 Resolution 1707, titled “The detention of asylum seekers and irregular migrants in Europe”. A copy is at http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta10/ERES1707.htm 11 http://www.indymedia.org.uk/en/2010/02/445896.html 4
a. protest against the period of time spent in detention; b. protest against the treatment that they receive while being detained; c. demand that the frustration and humiliation of all foreign nationals ends now. Their demands are (verbatim): End the frustrations, physical and mental torture at the centre Allow enough time and make resources available to residents who need to fully present their cases. To end all false allegations and misrepresentations by the UKBA regarding detainees in order to refuse bail or temporary admissions. Access to appropriate medical treatment and care as in the community, access to edible and well cooked food, phones with good mobile connections, with camera and recording facilities to back up cases. To stop the forceful removal and degrading system of deportation of detainees To put law into practise, European rules governing standard of conditions of detention for migrants and asylum seekers and the length of time in detention. The abolition of detention for asylum seeker and torture victims Detention should be by a standard procedure prescribed by law, authorised by judicial authority and be subjected to periodic judicial reviews. To end the detention of children and their mothers, rape survivors and other torture victims, to end the detention of physically, mentally sick people and pregnant women for long period of time. To end the separation of children from their mothers being detained whether in detention or destitution. To end the detention of women after serving time in prison. To abolish the fast track system, in order to give asylum seekers a fair chance with their application, while understanding the particular needs of victims of torture, and access to reliable legal representation which the fast track system denies. To end the repeat detention of women granted temporary admission while reporting or signing after a short period out of detention. To a set period of time allowed to detain women, which should be no longer than 1 month, while waiting decision either from UKBA or court proceedings. Resultant action On Monday 8th February, from midday, the women from various nations that were protesting about the length of time they were being detained, were isolated in a corridor12. Serco staff reacted in an “absolute and unwarranted” manner to the hunger strike, leading to “eight hours of chaos”13. Many of the detained migrants were injured, and four women (Aminata Camara from Guinea, Sheree Wilson from Jamaica, Shellyann Stupart from Jamaica, and Gladys Obiyan from Nigeria) were picked out as ringleaders and removed to Greyfriars Police Station in Bedford, where they remained overnight. They were not arrested and have been charged with no offence. Though the UKBA stated that the protest was contained by the end of this Monday14, detainees claimed their hunger strike was still continuing until at least Wednesday 10th. On the Tuesday morning, Gladys alleges that she was assaulted in the police station, before they were transferred to Colnbrook STHC (Short Term Holding Centre) where they stayed until Thursday 11th.
http://www.lutontoday.co.uk/545/50-women-on-hunger-strike.6063660.jp http://www.ncadc.org.uk/Newszine115/YW4.html 14 http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/February/yarls-wood-response 12 13
At 01:15 on the morning of Wednesday 10th February, they were told they were being moved to prison (Gladys and one to HMP Holloway, the other two to HMP Bronzefield)15. They were told they could not be returned to the „detention estate‟ due to a lack of bed-spaces (which women in Yarl‟s Wood allege was untrue). On this day, students from SOAS, who are in regular contact with the Yarl's Wood women, held a demonstration outside the Serco offices in Holborn. Also on this day, the topic of Yarl‟s Wood was debated in Parliament16, touching on issues such as alternatives to detention and the specific problems with the building. All the women are deeply disturbed at the prospect of being put in prison. None of them have been charged with any offences, or were in any way involved in any non-peaceful actions at Yarl's Wood. UK citizens cannot be remanded to prison unless they have been brought before a judge and given a fair trial; these four women have not been, and will not be, brought before a judge. These four women are being sent to prison at the behest of the UKBA. Until an investigation is completed, Aminata, Sheree, Shellyann and Gladys should under no circumstances be detained in a prison establishment – they should be instead either returned to Yarl‟s Wood, where there are bed spaces, or released into the community immediately.
http://www.mirror.co.uk/news/top-stories/2010/02/14/yarl-s-wood-immigration-centre-hunger-strikers-movedto-jail-115875-22041241/ 16 http://www.publications.parliament.uk/pa/cm200910/cmhansrd/cm100210/debtext/1002100019.htm#10021084000001 15