{"id":1742,"date":"2014-12-01T09:09:45","date_gmt":"2014-12-01T07:09:45","guid":{"rendered":"https:\/\/www.women-in-exile.net\/?p=1742"},"modified":"2023-12-30T13:58:34","modified_gmt":"2023-12-30T12:58:34","slug":"stop-the-impending-limitation-of-the-right-to-asylum","status":"publish","type":"post","link":"https:\/\/www.women-in-exile.net\/en\/was-wir-tun\/stop-the-impending-limitation-of-the-right-to-asylum\/","title":{"rendered":"Stop the impending limitation of the right to asylum!"},"content":{"rendered":"

\"thumb-plakat_demo512\"For a true right of residence for people classified as \u201atolerated pending deportation\u2018 over a number of years! Demonstration on 5th December 2014 at 2 pm, Potsdamer Platz<\/strong><\/p>\n

On the 3rd of December 2014, the Federal Government will publish a draft of the awkwardly titled law: \u201cfor the redefinition of the right of residence and the termination of residence\u201d. However, the announced regulation of the right of residence for those who have been classified for years as \u201atolerated pending deportation\u2018 will benefit almost none of those living with this classification. Instead, this law represents the most comprehensive restriction of the right to asylum since 1993. All refugees who are registered in another EU country and are therefore subject to the \u201aDublin Regulation\u2018 are to be locked up in detention centres pending deportation. This affects around a third of all refugees.<\/p>\n

Tolerated\u2018 refugees held hostage to reasons of state<\/strong>
\nAround 95,000 refugees live in Germany with \u201cDuldung\u201d, or \u201ctolerated\u201d status. 22,000 have had this status for over 10 years. The state would like to deport them, but is unable to due to \u201aobstacles to deportation\u2018, for example the lack of a passport. For decades, a war has been waged against these \u201atolerated persons\u2018. Their lives are to be made as unbearable as possible, in order to coerce them into \u201aco-operation\u2018 in passport acquisition. They are barred from working, are subjected to \u201cResidenzpflicht\u201d (\u201aresidential obligation\u2018, forbidding unapproved travel into other federal states), are forced to live in camps and receive reduced social support. They are condemned to a life outside the borders of society, without chances or perspectives for the future.
\n
\nFrom an interview with a refugee living in Saxony-Anhalt since 1996, with the status \u201atoleration pending deportation\u2018:
\nWhat future do you hope for?<\/strong>
\nI have been here since I was 18. I spent my whole youth here and today I no longer have a future.<\/em><\/p>\n

There have been repeated calls for a right of residence for those affected by years of \u201atoleration\u2018, yet all right of residence provisions until now have affected only a small group. The majority of those afflicted have been excluded, because they are supposedly contravening their \u201aduty of co-operation\u2018. The forces of law and order, represented by politicians, bureaucrats and judiciary, insist on a specifically German legal fundamentalism. Anyone who has ever given false information regarding their own identity can no longer expect to be awarded the right of residency. Those who have fulfilled their \u201aduty of co-operation\u2018 in terms of passport acquisition, on the other hand, are \u201arewarded\u2018 with deportation.<\/p>\n

\u201cFlight risk\u201d, \u201centrance ban\u201d, \u201cimplementation deficits\u201d<\/strong>
\nIn April 2014, the Federal Minister of the Interior (BMI) presented a draft bill as part of the long-conceived project for the \u201celimination of implementation deficits\u201d. By this, the BMI means that there are too few deportations and that deportation attempts are repeatedly thwarted by public opinion, the movements of affected individuals and the courts. They have devised a way to resolve this: detention pending deportation should become the rule for all refugees who have been registered in another EU country.<\/p>\n

\u201cPerfidy in paragraphs\u201d <\/strong>(Heribert Prantl, S\u00fcddeutsche Zeitung)
\nCentral to this complicated work of legal paragraphs is the redefinition of the \u201cflight risk\u201d seen to justify the imposition of detention. To this end, a catalogue of case constellations has been compiled, meaning that almost all refugees in the Dublin process will be affected, including:
\n– Anyone who has left another EU country, \u201cbefore an ongoing process to assess an application for international protection has been concluded\u201d \u2013 Flight risk! \u2013 Detention of all refugees in the Dublin process.
\n– Anyone who has \u201centered by evading a border control\u201d \u2013 Flight risk! \u2013 Detention of all Dublin process refugees who have entered Europe without a visa.
\n– Anyone who has \u201cdeceived regarding their identity, especially through concealment or destruction of identification or travel documents, or who have given a false identity\u201d \u2013 Flight risk! \u2013 Detention of all Dublin refugees without a passport.
\n– Anyone who has \u201crefused or neglected co-operative action in the establishment of their identity\u201d \u2013 Flight risk! \u2013 Coercive detention for all Dublin refugees who do not co-operate on their own deportation.<\/p>\n

Entrance ban for the Schengen area<\/strong>
\nAn additional instrument is the proposed extension of entrance bans for the Schengen area. The entrance ban is to apply to anyone who \u201chas not complied with their obligation to leave the country by the set departure deadline\u201d or who \u201chas entered Germany in order to draw public benefits\u201d. The latter accusation will be made against directly defined groups: anyone whose asylum application is rejected
\n– as \u201cimpermissible\u201d (all Dublin cases),
\n– as \u201cinsignificant\u201d (because the person has already been acknowledged as entitled to protection in another EU state, or
\n– as \u201cevidently unfounded\u201d (because the person comes from a \u201csafe country of origin\u201d or because the refugee\u2019s reasons for applying for asylum are not believed).<\/p>\n

We all still remember how Kretschmann, the Green Party Minister-President for Baden-W\u00fcrttemberg, declared three West-Balkan states to be \u201csafe countries of origin\u201d at the Federal Assembly in September 2014. In combination with the \u201centrance ban\u201d, this \u201ccompromise on asylum\u201d means that: asylum seekers from the West-Balkan states are no longer able to leave these countries. They are surrounded by the Schengen area to which the entrance ban applies.
\nA further consequence: a work ban for anyone whose asylum applications are rejected as \u201cevidently unfounded\u201d. The professed advantage of the so-called compromise on asylum of 2014 \u2013 the lifting of the principle of subordination for the work permit following a stay of 15 months \u2013 disappears into thin air.<\/p>\n

The new draft of the law: no right of residence for anyone
\nWith pre-deportation detention, entrance bans and prohibition of employment, it is not surprising that nothing remains of the planned right of residence regulation. Formally, it is still the long called-for \u201ccut-off date and age independent\u201d right of residence regulation, but no-one is able to benefit from it.
\n– Anyone whose asylum application is rejected as \u201cevidently unfounded\u201d is barred from working and is unable to meet the condition of \u201cindependent provision of means of subsistence\u201d. No right of residency!
\n– Anyone who \u201chas not complied with their obligation to leave the country by the set departure deadline\u201d: Entrance ban! No right of residency! This applies to all persons with \u201atoleration\u2018 status.
\n– Anyone convicted of a crime, even minor offences: No right of residency!
\n– Anyone \u201cwho prevents or delays the termination of the stay through deliberately false information, deception regarding identity or nationality, or non-fulfillment of reasonable requirements of co-operation on the removal of obstacles to departure\u201d: No right of residency!<\/p>\n

Even if we don\u2018t yet know the ways in which the draft of 3rd December 2014 will differ from the existing draft, we can be certain of one thing: given the extreme, draconian positions of the first draft, any assuagements will appear as acts of kindness with which the co-governing SPD can demonstrate its \u201cnegotiation skills\u201d. This too is a domination technique.
\nWe find ourselves on the eve of a severe tightening of asylum law, a massive deterioration of the rights and living conditions of refugees. It is not the first attempt of the forces of law and order to hollow out the right to asylum. They are repeat offenders. Let\u2019s stop them!<\/p>\n

No tightening of asylum law! For humane asylum policies!
\nNo more work prohibitions, entrance bans, or pre-deportation detention. Remove these and all other similar instruments from the arsenal of deportation mechanisms!
\nFor a right of residency for those who have been classified as \u201atolerated\u2018 over a period of years! This must apply to everyone, without exceptions!<\/strong><\/p>\n

As part of a federal week of action against the tightening of asylum law (migrationsgesetze.info<\/a>)<\/p>\n","protected":false},"excerpt":{"rendered":"

For a true right of residence for people classified as \u201atolerated pending deportation\u2018 over a number of years! Demonstration on 5th December 2014 at 2 pm, Potsdamer Platz On the 3rd of December 2014, the Federal Government will publish a draft of the awkwardly titled law: \u201cfor the redefinition of the right of residence and […]<\/p>\n","protected":false},"author":8,"featured_media":51,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[73],"tags":[14,16],"class_list":["post-1742","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-was-wir-tun","tag-aktion","tag-english"],"translation":{"provider":"WPGlobus","version":"3.0.0","language":"en","enabled_languages":["de","en"],"languages":{"de":{"title":true,"content":true,"excerpt":false},"en":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/posts\/1742","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/comments?post=1742"}],"version-history":[{"count":0,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/posts\/1742\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/media\/51"}],"wp:attachment":[{"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/media?parent=1742"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/categories?post=1742"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.women-in-exile.net\/en\/wp-json\/wp\/v2\/tags?post=1742"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}