(en) France, Organisation Communiste Libertarie (OCL) - Courant Alternatif #242 - Reform of asylum: everyone under house arrest! (fr, pt)

[machine translation]

The Government will introduce a major reform bill asylum in the fall. This script is 
extremely hard shots by developing a monitoring general applicants and increasing 
discharge of their case procedures. It also articulates with another act in preparation of 
residence cards and expulsions that we will not have space to develop here. ---- During 
the 10 years in power "right" legislative Stakhanovism immigration was largely related to 
media effects and personal ambitions of ministers seeking to leave a mark in history - or 
rather in the dustbin of history. Who will remember in a few years eral Gueant, Hortefeux, 
Besson, ...? The texts they did vote considerably damaged the lives of foreigners in 
France, but also completely clogged the administrative and legal framework became a 
hellish complexity.

A well coated reform

The reform of the asylum law that the "left" is intended to make hardly fits the context 
of previous posturing, but much more to a desire for efficiency. The new interior 
minister, Bernard Cazeneuve, bringing the bill does not seek so much to do in the 
headlines, that fundamental reform an area of the state fairly disorganized by the 
juxtaposition of texts always consistent. Unfortunately this cold determination risk of 
serious damage without raising much opposition. Besides, it is an area in which the left 
is much more effective than the right on the package of reform. For that she knows how to 
use the brush in the direction of hair growth. The reform was launched by Emmanuel Valls 
last year during a "graaaaaaaaaande consultation on Asylum" gathering around the table: 
prefecture, French Office for the Protection of Refugees and Stateless Persons (Office for 
Refugees), French Office for Immigration and Integration (OFII), utilities, High 
Commissioner of the United Nations Refugee Agency (UNHCR), representatives of the mayors 
of France, major associations subsidized small voluntary associations ... moultes meetings 
workshops took place during the fall. The website of the Department proposed even ordinary 
people to convey ideas and proposals ... in short, the consensus beautiful book. Finally, 
a report is published that is breathtaking associations that are left fooled. Nothing, or 
almost, of what they wanted their guests is retained. The report draws on the contrary, 
the contours of a highly coercive reform.

Context

For the State there are some objective reasons for embarking on a major reform. It must be 
recognized that the process of examining asylum applications is fairly saturated and son 
deadlines extremely long processing up over two years by adding all the steps: 
presentation prefecture, review the OFPRA consideration of the appeal by the National 
Court of Asylum ... The fault lies in a complex regulatory voluntarily surrendered in 
order to have a deterrent effect on the plaintiffs, but slowed at the same time the 
administration entangled in proceedings difficult to manage and sometimes absurd. 
Moreover, despite the desire to deter asylum seekers, the number has steadily increased 
since 2007 (see chart). It can hardly be otherwise in an international context marked by 
instability, while the number of refugees and those forced into exile progressing from 
year to year on the planet. Neither France nor Europe can not continue to believe that 
erecting police and legal barriers they may contain migration. These long delays also lead 
to what the dedicated hosting system for asylum seekers, especially in reception centers 
for asylum seekers (CADA) is completely saturated. Therefore some of the refugees is found 
supported in emergency common law or hotel accommodations; which did not fail to attract 
the attention of many administrative and parliamentary reports in recent years, pointing 
to the exorbitant costs of so doing. To complete the picture, many plaintiff receive no 
accommodation and have to survive on the meager temporary waiting allowance (ATA) 330 
euros / month, since access to the labor market and training them refused. Finally, 
accommodation squat or informal settlements have multiplied in recent years which also 
continues to worry governments and local elected officials. Another reason for the launch 
of the reform is purely legal since it is adapt French legislation with the latest 
European directives on the matter. Indeed, the subject of asylum is also of great concern 
in Europe and causes since the Amsterdam Treaty in 1997, many regulations and guidelines 
to harmonize reception conditions and examination in countries of the union. The goal is 
to prevent refugees move too freely within Europe, the sandstone of conditions that are 
more favorable than one country to another. In short it was time for the French state to 
restore order in the machine asylum.

Restriction of movement and monitoring

The bill proposes so trivial to remove temporary residence permits issued to asylum 
seekers during examination of their case and replaced by a simple certificate worth "right 
to remain in the country." The distinction between the right to stay and this new concept 
a bit obscure, as often know so well imagine skulls egg ENA may seem insignificant. It 
symbolizes actually that asylum-seekers are not considered foreign "like the others" can 
move freely within the hexagon, but only individuals temporarily tolerated on French soil. 
This provision articulates with the rest of the project, which offers a unique monitoring 
device. To avoid uncontrolled groups of applicants in large cities the government invented 
a system of care rather subtle designed to compel more people to accept the proposed 
accommodation. From the beginning steps they must indicate whether they wish to receive 
material assistance during the examination of their application in case of a hit they will 
be taken care of quickly and admitted to a reception center n ' anywhere in France and 
they will be eligible for administrative assistance and receive an allowance until the 
final decision on their asylum application, that is to say up to appeal to the NADC. 
However a refusal of such treatment should be carefully considered because it will mean 
the renunciation of all assistance for several months of waiting. It will concern in 
practice a minority of people benefiting from nearby France likely to house and feed them 
for the entire period. The carrot is attractive enough, compared to the individual doing 
without money or work, to encourage the majority to choose an assumption by the state. The 
proposed assumption takes a considerably less generous face when you look at some of the 
details of the reform. It is thus clear that any absence of more than 48 hours of the 
reception center for asylum applicant must be previously authorized by the prefect. 
Similarly, people who leave the accommodation will have their application for asylum 
closed and will decertify "valued right to remain in the country." Social workers in these 
centers will obviously put to use since it is they who will report to the prefecture 
unjustified absences! The proposed accommodation is thus transformed indeed in a new 
residency that does not bear the name form. Moreover, for rejected asylum-seekers, it is 
very clearly the issue of house arrest systematically to facilitate their deportation. 
This is a radical step towards a form of dehumanization of part of the population deprived 
of freedom of movement and parked until the State decides his fate. We will see further 
along this path that allowed relegation. Meanwhile there is still some uncertainty about 
the government's ability to open autan of seats required to host about 60,000 people a 
year, while current CADA may contain only 22,000 people. Fiscal tightening may be due to 
the desire to control? ...

Acceleration and ejection of asylum requests

The second highlight of the reform of asylum is the expedited review procedures to grant 
or deny refugee status. Two organizations are involved in this work: OFPRA which examines 
the trial and the National Court of Asylum which hears appeals against decisions rejecting 
the office. It is planned to bring the maximum by adding the two phases to 9 months, 
against almost 18 months now. The principle is that unless the procedure is, the less it's 
expensive to care and less future rejected paperless will not forge ties in France, 
hampering their expulsion. In addition to this framework possible, to give additional 
impetus to the machine several types of expedited procedures are created. The accelerated 
procedure - formerly procedure priority - will determine the fate of the exiles in a few 
weeks, including appeals, and will be applied at 10 different situations, such as for 
example: presentation of the asylum application beyond 90 days after arrival in France; 
withholding information on the identity, the conditions of entry in France, asylum deemed 
"irrelevant", etc. Another class of applications can be classified as "inadmissible" for 
people already hold refugee status in another country or for failed wishing to apply for 
reconsideration based on new evidence. In this case the file will not even be considered 
by the Office for Refugees. Finally, the Office for Refugees may also close the 
examination of a record of a person who fled his place of accommodation or house arrest, 
as we have seen above. This impressive number of exceptional procedures clearly intended 
to foreclose as quickly as possible the records are deemed unworthy t echoes the classic 
jingle that the government constantly reminds: this fine Republican tradition of asylum is 
diverted shameful migration purposes by bogus refugees. It is therefore necessary to arm 
themselves legally to rule as quickly as possible their unfair request. In the future it 
is even possible that the normal procedures will be a minority and that the exception will 
be the norm.

Dummy use

Another major innovation of the draft Bill, is the development of remedies "suspensive" 
against certain decisions of the administration. That means he? The French legislation is 
in breach of European standards, because it does not allow some asylum seekers whose 
application is examined and rejected by emergency OFPRA to appeal to the CNDA that can 
suspend a return to their country of origin. For example, this may involve applicants who 
are in detention centers whose applications for asylum can be denied very quickly. 
Currently the law allows them to do what recourse against the decision of the Office for 
Refugees, but this request does not prevent the prefecture of them back to their 
tormentors. In fact, it only affects a few individuals returned and because the vast 
majority of persons in these priority procedures - about one third of all applicants - are 
not in a detention center. However, the European Court of Human Rights condemned France in 
2012 because it did not ensure "effective" remedy these asylum seekers. To correct this 
unfortunate legal default, the bill establishes a right to a suspensive appeal to the NADC 
for anyone whose application will be accepted under these expedited procedures. But to 
offset this favorable disposition, the deadline to enter the court is reduced from 1 month 
to 15 days; it will be a single judge who will have to settle rather than a collegial 
panel of 3 judges, and that within five weeks, ranging audience. We have understood the 
above remedies do not provide the necessary guarantees, but allow a little serious 
examination of the application, is replaced by a speedy remedy and justice felling. Other 
administrative phases are also affected by the creation of similar suspensive appeals. 
This is the case of decisions of readmissions to other European countries, where France is 
not responsible for the asylum application under Regulation 'Dublin'. The application is 
then only 7 days. Similarly, appeals against deportation decisions prefectures (OQTF) 
against rejected asylum-seekers will be reduced from 30 to 7 days, before a single judge 
of the Administrative Court ... Imagine yourself in a few moments country where you do not 
speak the language, you have to manage to write an appeal seriously argued in court in 
such a short time. These nicknames suspensive appeal will be presented by the Minister as 
major advances of French law to maintain a balance between the fight against abuse and 
guarantees to be provided to refugees. It is actually easier to maintain the appearances 
of legality when a good part of those concerned will miss this extremely short notice to 
perform or they must see their situation examined in a few minutes by a judge under the 
pressure of the number.

Story of an outlawed

Let's go back in the analysis of this bill. Measures for the restriction of movement of 
asylum seekers indicate an extremely worrying trend to put away the company a portion of 
the population. This process does not happen at once. He was also largely based on what is 
practiced in some northern countries and European directives. It is first interesting to 
speculate on the emergence of the term "asylum seeker" during the 80s, while up to that 
time there were only "refugees". This new term had a less positive connotation - It is 
much more consensual talk host refugee - and began to be used to refer to people waiting 
for a response to their request for recognition of refugee status. It also implies that 
this response is not always favorable. Indeed it is in the 80s, the curve of positive 
decisions begins to fall dizzily from over 90% in the late 70s to 15-20% in the early 90s, 
and little change since. This waiting phase as an asylum seeker can last several years and 
is only accompanied securities temporary residence permit which already benefit from the 
more general law on housing, welfare benefits, etc. Any time asylum seekers from that time 
still have the right to work which allows a large number of them to be fall and "do life" 
like everyone else. In 1991, under the leftist government of Edith Cresson, a measure will 
have far reaching consequences on their social situation. A circular drastically 
restricted access to the labor market. In return a network center for asylum seeker is 
created (CADA), which has 2,000 seats in its early and more than 22,000 today. But that's 
the end of the financial independence of applicants for refugee status who have since then 
depend on a specific allocations, different from the common law of unemployment or income 
support allowance type and the amount of which is to Furthermore the lowest that can exist 
(about 330 euros / month in 2014). CADA that are created by the voluntary sector also 
endorse the fact the output of asylum seekers common housing. They are usually installed 
in rooms of homes. Social team is responsible for helping people in the deadlines for 
their application for asylum (OFPRA use the NADC) and is mainly concerned with managing 
the agonizing wait. As we have seen before many reports continue to point the finger at 
the cost of the care of asylum seekers by the state. The budget "asylum" of the state is 
more than EUR 500 million a year and has actually risen sharply in recent years. But what 
is never stated is that this cost is related to the assistantship measures that have been 
imposed on individuals who would like nothing better than to be financially independent. 
In fact, the reception of applicants for asylum system has created a completely artificial 
manner entirely dependent on state aid public. At the same time it nourishes grant a BPS 
composed of large associations or private operators ADOMA (formerly Sonacotra) Coallia (eg 
AFTAM), France Land of Asylum, Refugee Forum, are the primary managers of the system. 
Since the opening of CADA, the dependence of asylum seekers has steadily increased by 
multiplying such platforms first home - located upstream of a possible accommodation CADA 
- which is authorized by the prefecture to open postal addresses. Some of these platforms 
even associational signed agreements to fix themselves first appointment with the 
prefectures, relegating in the background who do not have this kind of residence. 
Consequently, people who could be helped by relatives in France will prefer to go still in 
this type of structures to more easily access the counters of the prefecture. This heralds 
the bill is another step in strengthening this dependency. No financial and administrative 
support will be provided to applicants who do not accept to go into the system of care. 
It's a bit the same principle as the trading system: create nonexistent needs initially, 
then make necessary a solution that will bring under his influence the maximum world. Here 
the purpose is to set aside a portion of the population to better control it. We will see 
how to create resistance to this system. They can come in prime locations of key 
stakeholders themselves who refuse to be relegated to centers which they can not leave for 
more than 48 hours. They may also come from social workers from the voluntary sector who 
refuse to become auxiliaries of the Ministry of Interior.

Tonio, June 29, 2014