Select Committee on Home Affairs Minutes of Evidence


Examination of Witnesses (Questions 660 - 679)

TUESDAY 9 SEPTEMBER 2003

MR MOHAMMAD FAHIM AKBARI, MR ZEMMARAI SHOHABI AND MR HASHMATULLAH ZARABI

  Q660  David Winnick: Perhaps you might apply for a Home Office job doing that.

  Mr Shohabi: I wish I could.

  Q661  Chairman: Gentlemen, thank you very, very much indeed. We have another witness, so we need to press on, but I think the whole Committee appreciates the frankness and the openness with which you have answered questions. Thank you very much indeed.

  Mr Shohabi: Thank you.

  Mr Akbari: We appreciate your questions and thank you very much.


Witness: Dr Heaven Crawley, Director of the Migration and Equalities Programme, Institute for Public Policy Research (IPPR), examined.

  Q662  Chairman: Dr Crawley, thank you very much indeed for coming. For the record, could you just introduce yourself and your position.

  Dr Crawley: My name is Dr Heaven Crawley. I am Director of the Migration and Equalities Programme at the Institute for Public Policy Research where we have undertaken a range of different projects, looking at research evidence which might inform the development of policy in this area.

9 SEPTEMBER 2003  DR HEAVEN CRAWLEY

  Q663  Chairman: And you were previously at the Home Office.

  Dr Crawley: I was indeed at the Home Office where, until September last year, I was responsible for running that part of the research programme which looks at asylum procedures, immigration procedures and why people come to the UK and what is happening in Europe.

  Q664  Chairman: In the work you have published recently you argue that ". . . indicators of conflict are far more significant than indicators of development as explanatory factors for flows of asylum seekers to the EU". You certainly seem to show that extreme poverty and deprivation do not correlate particularly with asylum seekers. Would you agree though, that that does not necessarily mean that most individual asylum seekers are necessarily fleeing conflict rather than seeking to improve their economic position?

  Dr Crawley: Before I directly answer that question I think it would be worth saying something about the context of this particular piece of work. What we did was look at asylum seeking in Europe over a ten-year period between 1990 and 2000 and we took a fairly global perspective on this. We were not interested in individual cases, we were interested in the numbers of flows and where they were coming from, therefore trying to identify what it was that was driving those people to leave or that could be used as explanatory factors as to what was causing those movements. Just to put some caveats around the research, the data have limitations around their usefulness; there are problems with the data. We are aware that the research also makes generalisations across countries but also, of course, across a ten-year period, which in terms of individual fluctuation is quite significant and that some of the questions we set out to answer in relation to particular policies, we did not in fact manage to answer as fully as we should have liked. We also accept in the report that just because we have taken this overarching view of asylum flows does not mean that everybody in each of those categories is genuinely in need of protection. What we are trying to do is to step back from the detail of individual cases and say "Hang on a minute. If you look at flows into Europe over a ten-year period, are there factors in common to those groups of individuals which might begin to explain what is going on here?". Part of the reason for doing that is a very simple fact, which is that 60% of all asylum applications over that ten-year period came from ten countries. So it seemed to us that if we could identify what was going on in those ten countries, that would start to give us some sense of what the underlying bigger factors were, even if the individuals within that had different individual motivations for their decision to move.

  Q665  Chairman: Could I just explore some possible limitations to that? You were here in the previous session and heard the Afghan witnesses acknowledge that a substantial number of people claiming asylum as Afghans were not Afghans at all; at least they suspected there were substantial numbers of people from Pakistan, or indeed other countries, who presented themselves here as asylum seekers from Afghanistan. Does that throw any doubts on a fundamental part of your research saying that most asylum seekers come from ten countries? Is it possible, once it actually becomes known that if you present yourself as coming from Somalia or Iraq, or wherever, you would have a better chance of getting in, that other people would do that?

  Dr Crawley: I did not hear them say "substantial". I certainly heard them acknowledge that there were issues around nationality and some people claimed to be a nationality other than their own. The difficulty, of course, is that this is a problem and it is an issue and we know that this happens. Even if you accept that a certain proportion of applicants might be going down that route, nonetheless the numbers are so substantial over a ten-year period that statistically I do not think it would be significant. In fact the very fact that people claim to be one nationality when they are not, hooks them into countries where there are underlying conflicts. If those conflicts did not exist, or that underlying issue did not exist in that country, then arguably even that group would not want to tie themselves to that category. I take your point and I think there is an issue about nationality testing, but in the overall scheme of looking, as we did, not just at forced migration to the UK, but to Europe over a ten-year period, the themes and the issues are so strong and dominant that it would not be enough just to undermine the overall finding.

  Q666  Chairman: You just used the phrase "forced migrant", which you do consistently in your research. What do you mean by the phrase "forced migrant", given that there are many other people from the same countries who do not leave? There must be some element of choice or of opportunity involved. What is the basis for saying "forced migrant"?

  Dr Crawley: The research we have done, and indeed the research the Home Office has done, acknowledges that how people behave in these situations is a reflection both of the situation in their countries of origin and a whole range of other intervening factors, both to do with their personality and their personal experiences, their context, but also information they have about the world outside of that immediate context. So we accept that there are "pull" factors of one kind or another as well as "push" factors. We also accept—and I think the report specifies it—that there is really a continuum often between what you might define as a legitimate refugee fleeing persecution at one end of the spectrum and an economic migrant at the other. In fact, partly because human experience is very complicated, often those things become inter-related, but also, because conflict and underdevelopment are often very much inter-related, because underdevelopment can be associated quite closely with human rights abuse, making that distinction is often very difficult. What we are talking about for the purposes of the book is looking at asylum seekers, so they are a legal category in the European context, and that was our start point, but we accept entirely that people are pushed as well as pulled. The premise is that by definition an asylum seeker would claim that he or she is pushed. By definition, a whole range of other factors would determine where he or she might turn up.

  Q667  Chairman: That is very clear; thank you. The research deals with the EU as a whole. Are there any significant differences about the UK's experience which might lead us into false conclusions if we just took the EU position as a whole?

  Dr Crawley: It is noticeable that one of the things we did, as well as the top ten refugee producing countries, was to extend that analysis into the top 20 refugee producing countries. In actual fact, in virtually every EU country, including the UK, you will find that at least seven or eight of the top 15 European countries are then in the top ten. There are some differences in terms of which particular nationalities go to which particular countries at particular moments in time, but overall the top ten or 15 countries which produce asylum seekers tend to be fairly evenly distributed over that ten-year period. There are individual explanatory factors as to why one nationality might choose to come to the UK because of linguistic factors, because of historical links, over another country but ultimately it is more or less the same mix of asylum seekers in Europe and that mix shifts around in different countries, often depending on changes in visa regimes, changes in country conditions etcetera. It is essentially the same groups or nationalities of people; it is just that the actual composition, in terms of who comes one, two, three, four, five down the list in order of magnitude, moves about.

  Q668  Chairman: Were you able to sort out those factors in more detail? You will have heard in the earlier session some quite strong personal anecdotal examples as to why people ended up applying for asylum in the UK rather than in France and Italy from one witness this morning, though you cannot generalise. Was your research also able to say what the shifts were in individual European countries which led in one particular year over a period of time to certain countries getting more of a certain group of asylum seekers?

  Dr Crawley: This particular piece of work does not, but if it is okay with you, I should like to go back to another couple of pieces of work in which I have been involved, which do directly touch upon that issue. One is a piece of work that the Home Office undertook on the decision making of asylum applicants, exactly the question you were looking at with the earlier witnesses. Why it is that certain individuals seemingly choose the UK over and above any other European country. That evidence actually coincided very strongly with the discussion this morning, in terms of people making choices within a set number of constraints. So people have really very limited information, both personally but also in terms of perceptions. Perceptions play a critical role in all of this; people perceive that things will be better in X, Y, Z country. That tallies very strongly. The other thing is that the research which was undertaken by the Home Office on the impact of asylum policies in Europe shows that as asylum policy in Europe toughened up, for want of better word, during the course of the 1990s, there were some obvious impacts, where a toughening up in Germany, for example, led to an obvious and almost immediate decrease in the number of applications, but that actually what that did meant that other countries received more applications over the same period. What has happened is that you have different countries introducing rafts of policy in this area, which have become increasingly complicated and often it is hard to distinguish which bit of the policy is having which impact because there are so many different factors involved. We know from the existing research that it is hard to say that one particular factor has this particular impact on applications. More often it is a whole range of different factors introduced at the same time which may or may not have an impact on applications.

  Q669  Mr Prosser: You have just given the Committee some of the context under which people move from one country to another, especially from countries where there is a strong, in your words, "push" factor and forced migration. You talked about personal experiences, knowledge of the world, etcetera, but is not an essential element that it is largely the sons of very wealthy families who succeed in leaving those countries?

  Dr Crawley: It is certainly true that those who are wealthier and more educated are more likely to have both the economic resources and the networking and the other knowledge which is needed to make this happen. You are right, they are often sons, because in those countries often gender relationships mean that women are in a much more difficult position when it comes to getting out. In that sense, the whole debate around why asylum seekers come to the UK, or to Europe indeed, is quite interesting. On the one hand we are talking about asylum seekers potentially being economic migrants: on the other hand they are potentially some of the better off within the countries from which they originate, the more skilled, the more entrepreneurial you might argue. That is why I am saying that the relationship between poverty and asylum is less clear than you might imagine, in fact many of the countries we are looking at in terms of the top ten for applications are in what you might call middle income countries, they are not the poorest of the poor. Indeed within those countries it is the better off who will have the capacity to migrate and that is why we often see something called a "migration hump" in developing countries, where often the human rights situation, the conflict situation does not particularly improve but the economics might, so more people are in a position to make choices about how they respond to that human rights abuse.

  Q670  Mr Prosser: Returning now to the European context, how useful are the EU action plans for tackling the causes of forced migration in specific countries? Can you suggest ways they might be improved and made more effective?

  Dr Crawley: You will probably have gathered from the report that we are quite critical of the failure of European countries individually, but this research is talking more about at the Commission level, to respond appropriately to what we see as being quite strong evidence about the causes of forced migration. On paper at least the Commission and individual Member States have a commitment to tackling the causes of forced migration. It has been there since 1992, it is reiterated in practical terms in the High Level Working Group and that group has produced action plans with regard to six countries to try to look at what is going on on the ground and how the conditions in those countries might be improved so that people did not feel they wanted to leave. The problem is partly that there are only six countries which have been selected for the action plans, of which four are top ten producing countries for asylum seekers, the others, Albania and Morocco, are mostly producers of economic migrants not asylum seekers. Those action plans have been quite widely criticised for saying quite a lot on paper, but, in terms of the practical implementation of policy, being really quite superficial. They will talk about the need to improve human rights abuse in Iraq in this particular instance, but they will not say how you might do it, what policies might lead to that and how you might measure the success. By contrast, arguably, some of the other policies which have been developed at the European Commission level around, for example, border controls, irregular migration, illegal working, etcetera are much more detailed in what specific policies might be put in place to tackle that problem. It seems to us—and I think it is reflected in the report—that that suggests really quite a short-term perspective on the asylum problem in Europe. I say "problem" because that is how it is perceived. Most of the measures and the policy effort is going into an immediate, "How do we stop people coming here? How do we make sure that procedures here are sufficiently robust?", whereas what we are suggesting is needed is a much more long-term view which looks at development, human rights abuse, how we invest, the use of trade as a tool as a lever for making change happen.

  Q671  Mr Prosser: You are very critical about that in your report, but do the two things not go hand in hand? Is there not a clear linkage? Do you not have a link? Do you not have to look ahead and take away the causes of forced migration and conflict but at the same time keep your borders secure and resist illegal movements?

  Dr Crawley: Absolutely. I could not agree with you more. The problem is that at both the European level and at the national level there is not that balance between the two. What there is, is very much a short-term immediate issue and not a long-term prognosis and that is reflected in some of the proposals which are on the table in terms of how you might address asylum. Even, to be honest, the report which came out yesterday, the Kirkhope Commission report, which is trying to look at how you might go beyond this, suggests that you withdraw, you finance a new system by withdrawing all of the overseas development aid from the European Commission budget in order to finance our asylum system here. That to me seems fundamentally at odds with what we know from the evidence is leading to flows in the first place. You can put all your resources into tackling the problem here but if you take away your resources and your political energy and effort from addressing the causes of forced migration, tackling development, working out what is going on with trade and investment, then all you are doing is stocking up your problems for an ongoing, very costly procedure, which is not beneficial to us nor, arguably, the individual asylum seekers who are involved in it.

  Q672  Mr Prosser: You also opposed a linkage between economic aid and readmission. Why is that?

  Dr Crawley: We do not oppose the linkage between looking at migration and development, in fact that is exactly what the report says we should be trying to do. We should be ensuring that development initiatives have positive impacts in terms of people's propensity to migrate, that is they reduce it. What we are concerned about—and it is set in this overall context of having a relatively short-term perspective on policy making—is that if all you do is—and I am not saying this is all people have done, but if your solution to some of this problem is—to say "We will want you to take people back whom we have decided to return and if you do not take those people back, we will remove our development aid", if you know that what is going on within that country is often under-development which is tied into human rights and conflict, then one consequence of that, we suggest, might be that the fundamental factor leading to those people leaving in the first place is actually exacerbated, that is the stuff which might make that situation improve is taken away. It is very difficult, because often when conflicts occur internationally the first thing the international community does is say "Let's stop sending development aid", but to me that is quite a reactive process in terms of what that means for long-term migration flows into Europe.

  Q673  Chairman: How realistic is it to have these action plans? Take Iraq, which has been a major source of asylum seekers, could there have been any action plan which would have reduced the number of Iraqi asylum seekers short of regime change, which appears, to some of us at least, not all of us, around the table to bring its own problems in terms of an action plan for what is happening there at the moment. It is all very well to say we should have action plans, but when you are dealing with somewhere like Iraq, what actually could have been done by the EU which would have minimised the number of Iraqi asylum seekers?

  Dr Crawley: I really do not want to get into the detail of Iraq, because I do not think it would be very helpful to the discussion. It is very difficult to look back retrospectively in any situation and see what we could have done differently, which would have made that situation different. I am not saying either that action plans are a solution, because you can have all sorts of things on paper which do not translate into practice. What there is not at the European level, and it is true also at the national level, is a real thought process between what we do in terms of foreign policy, what we do in terms of trade, development and then the consequences of that in terms of migration. If we know—and this is a very specific example and it is to do with Iraq—historically, because we have the benefit of hindsight, that there were certain things going on in terms of the sale of certain types of equipment to Iraq by the countries of Europe which in the end was used to produce the weapons for chemical attacks on the Kurdish people. This arguably had an impact on the ability of the Kurds to resist what was going on in Northern Iraq in terms of Halabja and other towns. It is easy to say this with retrospect, but we knew at that time that there was a particular regime in place and because of our economic interests, our trade interests, our foreign policy interests, we did things which arguably might have contributed to that outcome. What I am saying is that that applies to any other country with which we are engaged and of course we are engaged with very many countries in terms of trade, foreign policy, international development. We need to think through what the consequences of those actions might be ultimately in terms of people then coming to us seeking protection from the very regime we have intentionally or otherwise—and often I am afraid it is unintentionally—leant support to.

  Q674  Mrs Dean: Do you think that the use of overseas asylum processing centres would be a helpful means of "internationalising" the asylum problems?

  Dr Crawley: This is going to sound as though I am skirting the question, but it is not intentional. I think it depends what you mean by an overseas processing centre. I say that, because we know that in the current discussions, both within the Government, within the Conservative Party in terms of their proposals, at the European level, within the UNHCR, within the voluntary sector, the NGOs, all of those different constituencies are talking about overseas processing centres, zones of protection, regional processing centres and I am not always convinced that we are all talking about the same thing. That is the caveat. If what we are talking about is that we put more of our resources, more of our political energy into solving situations at the point of origin and with that the resources to provide safety to people within their immediate neighbouring environment so that they do not have to go to the travel centre which was talked about this morning, but they can go to the equivalent of Pakistan in that particular case and get protection in a zone there and be re-settled if it is appropriate and be allowed to return if not, with all the mechanisms which go with that, I think very many people would think that was a good thing. We know that Pakistan has two million refugees and when we talk about what we have here that is a very different kettle of fish. We know that Pakistan does not have the resources to deal with those two million people so, as in the evidence given this morning, people who might want to return to Afghanistan still cannot because the resources are not in place to make sure they have a safe return. If that is what you are talking about, then yes, most definitely. If what is being talked about on the other hand is somewhere not in Europe where we might send asylum seekers who turn up in Europe in order for their applications to be processed, then I think practically that is very problematic, legally it is very difficult and ethically I have quite significant problems with it. We already know that the UK is 32nd in the list of countries in the world in terms of its share of the so-called refugee burden. To then insist that those people return to countries which do not have the resources adequately to deal with them, I would not agree that would be a solution.

  Q675  Mrs Dean: How do you respond to the Shadow Home Secretary's proposal to institute a quota-based system for refugees? That would include a full resettlement package being offered to those in the quota and with applicants who are not part of the quota being removed to an offshore processing centre.

  Dr Crawley: The idea of us having a comprehensive resettlement programme, with a quota in the region of 20,000, would be a very significant improvement on what we currently have in place in terms of providing protection to people who we know are genuinely in need of it. At the moment, in terms of the resettlement programme, we are looking at around 500 places. Clearly 20,000 over 500 is a much more significant contribution to the issue. The problem comes when we start talking about somehow being able to have one system and then getting rid of the other system, that is we will have a quota system and we will not have a process for dealing with spontaneous arrivals. The reality is that the decisions by which people choose—for want of a better word—to claim asylum in a particular country, is a very complicated one and one based on partial knowledge and information. So the idea that somebody within a country of origin who is subject to persecution in one shape or another would, if they had the resources, choose to go and sit in a camp and wait to be chosen, potentially out of a camp of hundreds of thousands of people, rather than using their resources to go and build a safer, better life for themselves and their family immediately, does not ring true. You will still get people arriving spontaneously and probably the people who are most able to afford it. You then need a system which can deal with that. You would have to have in place something like the system we have at the moment, combined with a quota system and that is pretty much what the US, Canada, Australia have in place. They have a quota system which ensures they provide protection to those who need it in a very orderly fashion, but they also still have a mechanism for dealing with spontaneous arrivals, because they recognise that actually people's behaviour is much more complicated and they do not necessarily even know that if they go to this particular camp they might get resettled in this period of time. It does not work like that. You would have to have a combination of the two and of course you would need to improve the quality of the decision-making process here to ensure that you did not end up having both the quota and large numbers of spontaneous arrivals. It is not covered directly in States of Conflict, but in our other work by IPPR I would have said that our most significant concern is that many of the asylum policies which we see at the moment are based on this assumption about deterrents in terms of the numbers rather than focusing the political will and the resources on making sure that the asylum process itself is quick, robust, efficient, gets people removed at the end of it if they should not be allowed to stay and integrates the ones who do. That process would, for us, ensure that applications were not made by people who did not need protection in the way as they are now.

  Q676  Bob Russell: There has been confusion as to where these overseas, or offshore, centres would be if they were ever established. You made a powerful point as to why many poor countries are already over-burdened. What would happen if the UK place where they would be processed was nearer to home, in other words an island within the British Isles, Ellis Island style? I ask the question. I am not saying I approve of the idea, I am just talking about the happy compromise whereby they are out of sight and out of mind but near to the UK where their cases could be processed.

  Dr Crawley: I take from that, that you are talking specifically about the proposals in the Kirkhope Commission's report, because that is essentially the first time that suggestion has been made. We are back to this issue of what we are trying to achieve, which is ultimately the crux of all of this. What we are trying to achieve is that we ultimately provide protection to those who need it because ethically, morally and in terms of resources, we feel that is the right thing we should do. That is why we are part of the 1951 Refugee Convention, that is what we want to do and using quotas is one way of doing that. How you then process those people who arrive to determine which ones do or do not need the protection is what you are getting at. Is it best that they are out of sight and out of mind on an unpopulated island? Though I think most islands around the UK are inhabited, so that is not per se the case. Are we trying to send out some message that if you come to the UK we will put you out on a limb and it will be very difficult for you to make your way? Are we trying to improve the on-site provision for asylum seekers in order to stop or reduce the impact on local communities in terms of resources? What is it we are trying to achieve by our processing? Those three areas are actually quite different in terms of what might be the best solution to deal with it. The issue about deterrence is a difficult one, but I would suggest—and your evidence this morning from other witnesses suggests it too—that most people would perceive that what they have in this country is better than what they had. Ultimately many are fleeing persecution, but even for those who are not, this is still actually better than what they had. They have made that choice, that they can make a better life for themselves and they will. So the deterrent effect is a very unclear and unevidenced relationship. If what we are trying to do is to minimise impacts on local communities, then yes, you can provide a centre as far away from local communities as possible, but those centres will have to be staffed with people who can provide the resources, cook the meals, provide the security. Then you have a real problem with how you service those centres. If what you are talking about is something slightly different, which is about public perception and people wanting to feel that the asylum process is quick, efficient and that people are through the system and a good decision is made, then I believe that you can do all of those things without going to the huge expense and political difficulty of setting up separate processing centres.

  Q677  David Winnick: The Government is taking much satisfaction—I think that would be the best way of putting it—at the way in which the number of asylum applications has decreased. Obviously you know the political situation where the parties, certainly the two major parties, compete about who has the best or the worst record on this issue, as the case may be. You yourself are rather critical, are you not, about the number of applications, which has fallen?

  Dr Crawley: I am critical, but possibly not in the way that the criticism has traditionally been mooted.

  Q678  David Winnick: You are critical because there are too few presumably.

  Dr Crawley: No, not that there are too few. I am critical because I believe that the whole point of the asylum process is to provide protection to those who need it. If what you do in trying to make that system manageable, is make it very difficult for people to access that process, then I do not think that we have in our asylum system what we are trying to achieve. So I am critical that some of the measures which have been introduced undermine the very basis of having the system in the first place. My criticism specifically in relation to the statistics is not that they are lower per se, because anything which makes the system and the issue politically more manageable can only be a good thing. What I am critical of is the fact that the proportion of people within those arriving who are being recognised as genuinely needing protection has not changed, it is still the same. So if the Government's measures were introduced in order to get rid of the economic migrants from that overall number, one would expect logically that the proportion of people being recognised as being genuine, for want of a better word, would go up accordingly and it has not. This suggests to me that the measures which have been introduced are impacting on everybody's ability to access the system, whether or not they need protection. I am concerned about what that means for our ability to provide protection to those who need it.

  Q679  David Winnick: Are you saying in effect that genuine asylum seekers, people whose claims are in no way questionable, are being refused now as a result of political pressure on the Government?

  Dr Crawley: I am questioning the language in the sense that everyone is a genuine asylum seeker, but whether they are a genuine refugee or not is questionable.


 
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