34. Memorandum submitted by
the Zimbabwe Association
1. WHY DO
ZIMS USE
ILLEGAL METHODS/ROUTES
TO REACH
THE UK?— introduction
of visas in November 2002;
— travel docs destroyed by authorities—unable
to get new documents through official channels;
— disenfranchised—born and bred
Zims refused passports if one parent born elsewhere;
— people without docs forced to buy
SA/Malawi docs to escape; and
— length of time needed to obtain
Zim passport.
2. WHY DO
ZIMS HEAD
FOR THE
UK ANYWAY?— shared
history and background (massive UK emigration to Southern Rhodesia
in the 1950s);
— large Zim community in the UK with
first wave of migration in the early 1980s (Gukhurhundi period),
plus strong links amongst the middle class through education and
professional training received in the UK;
— UK's reputation for compassion and
respect for human rights;
— SADC region not safe for many Zim
exiles as CIO range freely;
— mistreatment and abuse by SA police,
home office, etc;
— safe distance from Zimbabwe; and
— Zimbabweans generally well educated,
with qualifications that are part of the British system (eg GCSE's
and A levels) and fluent English speakers.
3. WHY DO
SO MANY
PEOPLE USE
MALAWI AND
SOUTH AFRICAN
DOCUMENTS?— SA
Home Office very corrupt and documents easy to purchase;
— Some Zims have been in virtual exile
in SA since the Gukhurhundi period;
— Geographically SA is where many
Zims initially flee;
— Zims in north of country often head
for Malawi to purchase documents; and
— Some Zims have parents/grandparents
originally from Malawi, though they may not speak the languages
or have ever been resident there.
4. WHY DON'T
PEOPLE USE
DOCUMENTS FROM
ZAMBIA, BOTSWANA
OR MOZAMBIQUE?— docs
from these countries are not easy to obtain; and
— relatively few Zims in Zambia and
Mozambique.
5. WHY DO
SOME ZIMBABWEANS
NOT CLAIM
ASYLUM AT
PORT OF
ENTRY?— many unaware
of asylum;
— many frightened of authorities and
trying to reach friends/family for advice and help before doing
anything;
— many Zims in the community badly
misinformed and provide inaccurate and bad advice—much misleading
gossip;
— Zims often look for a lawyer before
claiming; and
— Zims often ignorant of legal aid
and will try to raise funds before seeing a lawyer (there is no
legal aid in Zim).
6. WHY DO
ZIMS WITH
STRONG ASYLUM
CLAIMS BECOME
"FAILED" ASYLUM
SEEKERS?— fraudulent
legal representatives in the community prey on vulnerable newcomers
(often appeals are not lodged, evidence not presented);
— people have been directed to incompetent
legal reps because they are a "Zimbabwean" firm;
— back in 2001 many Zims in Oakington
were visited by Zim touts who warned them to avoid government
funded legal firms such as RLC and IAS and to sign up with them
instead;
— many Zims stayed in hostels before
dispersals and were allocated very poor legal representation (clusters
spring up near hostels) who try to help them by "changing"
their statements to make them better;
— dispersed Zims unable to access
competent legal representation due to restricted number of good
firms doing legal aid immigration work (particularly in areas
like Birmingham) since the introduction of the Asylum and Immigration
Act in April 2004. (See Justice Denied by BID and Asylum Aid,
and Into The Labyrinth from the Mayor of London's office);
— illness results in non-compliance—one
man in hospital for eight months and missed his appeal hearing;
— bureaucratic errors such as sending
notice of appeal hearing to wrong address results in dismissal
of appeal;
— time period between initial interview
and initial decision has been as long as four years—people
forget dates, details, and are found inconsistent at appeal;
— Zims often unaware of type of evidence
needed to prove claim; and
— Tribunal ruling May 2005 (SM and
others) finally made it clear that low-level people were at serious
risk; before this date low-level people were routinely refused
asylum.
7. WHY IS
THERE SUCH
DISTRUST OF
IMMIGRATION AND
THE ASYLUM
PROCESS?
In addition to the above, the following experiences
lead to further mistrust:
— Many bonafide torture victims and
activists have been detained for long periods and found not credible,
eg LM who spent eight months in detention at a prison before his
appeal was allowed by the Tribunal (who were scathing about his
treatment).
— some official interpreters (at places
like Oakington) have allegedly divulged confidential details of
asylum claims resulting in applicants' families being persecuted
back in Z.
— Zims have seen South Africans being
given status as Zims while their own claims are refused. This
has happened at places like the Thorncliffe hostel—genuine
Zims know who the impostors are and to see them being granted
status has been very frustrating. The ZA has raised this issue
in the past.
— Zims have witnessed a known fraudster
getting refugee status in record time; he then went on to set
up a scam coaching Zims in how to claim asylum (since exposed
and possibly in the legal system at present?) ZA contacted the
relevant MP about this case some years back.
Poor level of representation as indicated in the
following points has all added to the distrust of the asylum system:
— Zims have appeared in court and
found that their legal reps have failed to turn up.
— Zims have given documentary evidence
to legal reps who have failed to present it.
— Many Zims have been told to write
their own statements which incompetent reps then forward to the
Home Office without amendment.
— In cases when legal reps have prepared
statements clients have often not been given the opportunity to
make corrections . . . sometimes seeing the statement for the
first time on the morning of the hearing.
— Decisions from adjudicators have
varied widely from adjudicator to adjudicator and court to court
. . .. Similar cases may get very different decisions . . .. There
is a perception that if you get a "harsh" adjudicator
you have lost before you've said a word;
8. MISUNDERSTANDING
RE ZIM
CONDITIONS
Adjudicators have found Zims not credible in many
instances because they do not conform to Western cultural, context
and language differences, eg:
— Zims persecuted for political activities
may not be able to give detailed info re party structures, post-holders,
beliefs, etc—this is because much political activity goes
on by word of mouth; independent media not freely available in
much of Zim.
— Zims use terms such as member and
supporter interchangeably—inconsistencies such as these
are used to suggest their lack of credibility.
— Many misunderstandings caused by
different use of terminology in Zim English (ie "youth"
may be used for anyone up to about 45 in age).
— Zims often very poor at recall of
dates . . . they do not "hold" on to dates in the same
way as Westerners.
— Zims found not credible because
they don't leave country straight after persecution and torture—often
financial difficulties prevent this. It may take many months to
raise funds for even one person to escape.
— Zims found not credible for leaving
their families behind in danger . . . financial constraints may
leave them with no option.
9. WORK PERMITS— Many
Zims are unaware that they may be eligible for applications for
work permits as au pairs, domestic workers, artists, musicians
from Zimbabwe.
— Zimbabweans are generally skilled.
Without access to work permits, either because they are in a very
drawn out process of asylum applications or as they have "overstayed"
student visas etc, they are stuck with often unscrupulous employers
who can ignore employment law, rights etc. Yet there is great
demand for their labour in certain sectors (care, cleaning, etc).
— Without the correct paperwork or
the right to work, many highly skilled Zimbabweans are losing
their skills whilst in the UK, including teachers, social workers,
nurses, administrators, public sector workers etc.
10. ECONOMIC
MIGRANT OR
ASYLUM SEEKER— Many
Zims could be both simultaneously.
(A doctor who has been harassed and persecuted by
the authorities may finally decide to leave because of the persecution
coupled with terrible working conditions. There may also be moral
considerations . . .. If medical staff are constantly being threatened
and punished for daring to treat sick people if they happen to
be members of opposition groups, they may find they are unable
to continue in Z. in the present circumstances.)
Medical staff may apply for asylum because of the
personal harassment that has driven them out of Zim. In theory
it may have been possible for them to apply for work permits but
circumstances have led to them leaving in haste.
11. STUDENTS— A
significant number of persecuted Zims came to the UK as students
to escape the violence, the logic being that by the time their
courses had finished the situation would have stabilised and they
could return home. The deterioration of the situation has left
many in a difficult position.
— Some gave their documents to educational
colleges for processing etc. The colleges then either folded or
were found to be "questionable" institutes. People without
docs have been intimidated into silence; they cannot complain
about the college for fear of what the UK authorities might do
to them. The "questionable" college takes full advantage
of this vulnerability.
12. IOM— The recent enhanced incentivisation
scheme by the IOM may be distrusted because of anecdotal tales
of voluntary returnees failing to get what they were promised
by the IOM on return to Zimbabwe.
— A report of one IOM voluntary returnee
being arrested in 2003—her family has not heard of her since—worries
us.
— The close relationship between IOM
and the Zimbabwe govt as suggested in feature articles in The
Zimbabwean 13 January, Safe Journey Campaign, give us cause for
concern. (Most Zimbabweans in exile have extreme distrust of anything
which involves the Zim government.)
— Many "forcible" returnees
were relieved of their funds on return to Harare airport—If
there are people returning to Zim who are known to have significant
funds in foreign currency there is a likelihood (if they can be
identified) that they will be detained and forced to surrender
their funds.
Most Zimbabweans who have been persecuted only want
shelter until things have stabilised. They are not looking for
benefits. They have been raised in a country where there are no
benefits (or very little) and they are used to supporting themselves.
They would like to be able to support themselves without the constant
fear of apprehension and being removed.
10 February 2006
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