In
Defence of Refugees in
Open
Letter to all human & civil and refugee organizations
To whom it may concern
I am writing to you on behalf of the International
Federations of Iranian and Iraqi Refugees to express our serious concern over
the United Nations High Commissioner for Refugees' (UNHCR) treatment of Iranian
refugee claimants. IFIR has begun an international campaign in defence Iranian
asylum seekers sitting strike in
1. Improvement in determination procedures
One of our demands is an immediate improvement in
determination procedures, including the disclosure of the reasons for
rejection, increasing the number of appeals and interviews and expediting
reviews. At the moment, the
determination procedure lacks safeguards which are necessary to ensure full and
fair hearings. Refugee claimants are
interviewed without any legal assistance or advice and with insufficient
information on their rights and the legal framework. Many times, the first interview is the only
opportunity they get to present their claims; despite this, claimants are often
not permitted to explain their cases fully with many referring to the
determination interview as an interrogation.
Even notes taken by UNHCR interviewing officers are not read back to
claimants to ensure accuracy.
Once rejected, claimants have thirty days to appeal
the negative decision. Since the UNHCR
does not give claimants the reasons for their refusal, the appeal is
effectively meaningless. Many have their
case files closed without even being given a second interview. Those whose case files are closed, can only
have them reopened by submitting 'new information'; there is no official
procedure for this and those whose case files are closed can be deported at
anytime by the Turkish authorities.
A fair determination procedure requires that
claimants have complete information on their rights, the framework and
procedures, they be given the reasons for their refusal in order to refute the
negative decision, and that they have the right to multiple interviews and
appeals. This is not the case with the
UNHCR in
The provision of reasons for refusal is instrumental
in allowing claimants to defend themselves.
A few years ago, the UNHCR agreed to give IFIR such
reasons for rejection; as a result nearly all cases we advocated for were
granted status. Given the high success
rate, the UNHCR ended this soon after.
Clearly, the provision of the reasons for refusal and establishing
several appeals and interviews with the intervention of refugee advocates will
ensure a fairer and more effective determination procedure.
2. Re-opening and reviewing all closed case files
In light of the unfair and inadequate determination
procedures, we are calling for the reopening and reviewing of all closed and
these files who have been in sitting strike since
1-MR, Babak
shadidi
Case No: S-5938
2-MR, Alireza
alizadeh moghadam
Case No: A-7561
3-MR, Sadeghe
torab mostaedi
Case No: T-1338
4- MRS, Nazila
mohamad hasani zamani Case
No: M-7217
5- MRS,
Farideh asadi Case No: J-1402
3. Provision of basic living and health needs
While asylum seekers in many Western countries with
more advanced standards are given basic living and health assistance, the UNHCR
gives none whatsoever to refugee claimants. This is while the Turkish
government denies non-European claimants and refugees the right to work and
live permanently in
4. Resettlement
Given that the government of Turkey does not allow
non-Europeans to reside permanently in Turkey, is known to deport claimants and
even refugees recognised by the UNHCR, and often harasses and abuses refugees,
we call for the immediate resettlement of all those recognised by the
UNHCR. This includes those Iranians who
have fled Iraqi Kurdistan because of the UNHCR's inactivity and the general
insecurity there. They too must be resettled by the UNHCR from Turkey and not
forced back to Iraqi Kurdistan nor deemed 'IM' (irregular movers who according
to the UNHCR should have remained in Iraqi Kurdistan though many have been
assassinated there, it is insecure and hundreds have been waiting resettlement
for years).
5. Intervention against deportations
The Turkish government is
known to brutalise, abuse and deport claimants and refugees. Most recently, Karim Tuzhali, a refugee
refouled from
6. Recognise
the right to asylum of those fleeing
Given the well-known unsafe and insecure situation
in these countries, the gross violations of civil rights, sexual apartheid and
the imposition of Islamic laws and customs, we urge the UNHCR to recognise
these countries as unsafe and respect the right to asylum of all those fleeing
8. Recognise the right to protest
For those who have no lawyers, no access to a
meaningful appeal process, no adequate information on their rights, any
permanent legal status, and who are living under the constant fear of
deportation to persecution, the right to protest becomes critical. The UNHCR denies this right by calling on the
Turkish authorities to break up any sit-ins and protests at its offices, have
protestors arrested and even deported.
We urge the UNHCR to recognise the civil right of refugees and claimants
to protest.
While there are many other problems and lack of
rights faced by refugees and claimants in
We look forward to your response.
For joining our Campaign please write to UNHCR in
http://www.petitiononline.com/IFIRANK/petition.html
Sincerely,
Farshad Hoseini
Secretariat
International Federation of Iranian Refugees