E/CN.4/1996/72/Add.4
page 15
58.
Generally speaking, detention is a source of anxiety and mental stress
for detainees brought on by uncertainty about their fate and the relative
isolation in which they are kept. It can have tragic results, including the
suicide of asylum-seekers. Others embark on hunger strikes to protest their
detention. Cases of ill-treatment by guards, such as that which led to the
1991 death of Omasase Lumumba, a Zairian; have also been brought to the
attention of the Special Rapporteur.
59.
The bill on immigration and the right to asylum was the subject of
heated debate between the Conservative and Labour Parties at the time of the
Special Rapporteur’s visit. The two parties accused each other of using race
as a campaign issue, with Labour claiming that the provisions of the bill
were targeted primarily at black immigrants and asylum-seekers, and the
Conservatives accusing Labour of playing on solidarity with the asylum-seekers
in order to win the support of the ethnic minorities, who are sensitive to the
issue of immigration and right to asylum because of national or emotional ties
with immigrants and asylum-seekers.
60.
In any event, the bill is aimed fundamentally at removing all
rights to income support and other benefits from most asylum-seekers as
from 8 January 1996. Some 70 per cent of applications for asylum are made
after the person has entered the country. The Government believes that most
of them are groundless because they come from tourists or students who are
simply trying to prolong their stay. It believes that genuine asylum-seekers
should apply upon arrival at a port or airport.
61.
The Government’s arguments have been countered by the Refugee Council,
a charitable organization that receives Government support to take care of
refugees, which notes that asylum-seekers are entering British territory prior
to submitting their requests because they fear being detained if they do so
upon arrival. The Refugee Council has provided the following analysis:
“According to Home Office statistics, in the last three years
more than 50 per cent of positive decisions were awarded to in-country
applicants. In the first three quarters of 1995, in-country applicants
were twice as likely to be granted refugee status than port applicants.
The Government, however, compares the refusal rates of in-country
(80 per cent) and port (70 per cent) applications as part of their
justification for these proposals. They argue that the claims of
in-country applicants are therefore less credible. A 10 per cent
differential is, however, no justification for removing benefits from
an entire category of asylum applicants.”
12/
62.
Observers, including the UNHCR London office, believe that these
measures will have the effect of putting numerous asylum-seekers whose cases
are under consideration on the street. About 10,000 people will lose all
benefits. They will have no means of paying for food or housing. Due to
lack of financial means they will not have access to procedures for remedy.