Home, by Warsan Shire

Warsan Shire is a Somali-British writer, poet, editor and teacher. Her poem Home has become a rallying call for refugees. There are several versions of Home online; this one is based on a reading by the author, available on YouTube.

Home

no one leaves home unless
home is the mouth of a shark

you only run for the border
when you see the whole city running as well
your neighbors running faster than you
breath bloody in their throats
the boy you went to school with
who kissed you dizzy behind the old tin factory
is holding a gun bigger than his body

you only leave home
when home won’t let you stay.

no one leaves home unless home chases you
fire under feet
hot blood in your belly
and even then you carried the anthem under
your breath
only tearing up your passport in airport toilets
sobbing as each mouthful of paper
made it clear that you would not be going back.

you have to understand,
that no one would put their children in a boat
unless the sea is safer than the land
no one burns their palms
under trains
beneath carriages
no one spends days and nights in the cold bladder of a truck
feeding on newspaper unless the miles travelled
means something more than journey.

no one crawls under fences
wants to be beaten
wants to be pitied

no one chooses refugee camps
or strip searches where your
body is left aching
or prison,
because prison is safer
than a city of fire
and one prison guard
in the night
is safer than fourteen men
who look like your father
no one could take it
could stomach it
no one skin would be tough enough

the
go home blacks
refugees
dirty immigrants
asylum seekers
sucking our country dry
niggers with their hands out
they smell strange
savage
messed up their own country and now they want
to mess up ours
how do the words
the dirty looks
roll off your back
maybe because the blow is softer
than a limb torn off
or the words are more tender
than fourteen men between
your legs
or the insults are easier
to swallow
than rubble
than bone
than your child’s body
in pieces.

i want to go home,
but home is the mouth of a shark
home is the barrel of the gun
and no one would leave home
unless home chased you to the shore
unless home told you
to quicken your legs
leave your clothes behind
crawl through the desert
wade through the oceans
drown
save
be hungry
beg
forget pride
your survival is more important

no one leaves home unless home is a sweaty voice in your ear
saying-
leave,
run away from me now
i don’t know what i’ve become
but i know that anywhere
is safer than here

Advertisements

Sharing the responsibility for refugees: A new global compact

An aerial view of the Za'atri refugee camp, Jordan, Wikimedia Commons

An aerial view of the Za’atri refugee camp, Jordan, Wikimedia Commons

Amnesty International, Sharing the responsibility for refugees: A new global compact, 9 May 2016, Index number: IOR 40/3906/2016

Wealthy states and the international community as a whole have failed to equitably share responsibility for managing the ongoing global refugee crisis. In his report In Safety and Dignity: Addressing Large Movements of Refugees and Migrants, published today, UN Secretary-General Ban Ki-moon has proposed a “Global Compact on responsibility-sharing” to create a more predictable and equitable way of responding to large movements of refugees.

This briefing urges states to use key upcoming international meetings to move from short-term stop-gap measures to long-term, proactive and globally coordinated solutions.

At the UN General Assembly High-Level Plenary on addressing large movements of refugees and migrants in September 2016, states should adopt a new Global Compact on predictable and equitable refugee responsibility-sharing, based on international human rights and refugee law. The Global Compact should include:

  • A permanent distribution system of resettlement places, based on objective criteria;
  • In cases of large movements of refugees, an additional distribution system to admit refugees through expedited safe and legal routes (“legal pathways” for admission) based on objective criteria;
  • Guaranteed full, flexible and predictable funding for refugee protection and meaningful financial support to countries hosting large numbers of refugees, over and above existing development assistance programmes;
  • Strengthened refugee status determination systems and increased use of prima facie recognition of refugee status;
  • Respect, protection and fulfilment of the rights of refugees in their country of asylum, including the enjoyment of an adequate standard of living, access to education, healthcare and other services, and economic self-reliance.

Mr Cogito on the Need for Precision, Zbigniew Herbert, 1983

This post is dedicated to the memory of the refugees and migrants who died en route

Polish poet Zbigniew Herbert (1924-1998) first included Mr Cogito on the Need for Precision (Pan Cogito o potrzebie ścisłości) in the 1983 collection Report From The Besieged City and Other Poems (Raport z obłężonego miasta i inne wiersze). A commentary on the situation in Poland following the imposition of the martial law on 13 December 1981, the book was published in Paris and did not become officially available in Poland until 1992.

Mr Cogito on the Need for Precision is often quoted in works on the role of memory in the aftermath of widespread serious human rights violations (see, for example, this blog post by Patrick Krup). More practically, I like to think about it as a manifesto for accuracy and documentation in human rights work.


 

1

Mr Cogito
is alarmed by a problem
in the domain of applied mathematics

the difficulties we encounter
with operations of simple arithmetic

children are lucky
they add apple to apple
subtract grain from grain
the sum is correct
the kindergarten of the world
pulsates with a safe warmth

particles of matter have been measured
heavenly bodies weighed
and only in human affairs
inexcusable carelessness reigns supreme
the lack of precise information

over the immensity of history
wheels a spectre
the spectre of indefiniteness

How many Greeks were killed at Troy
– we don’t know

to give the exact casualties
on both sides
in the Battle of Gaugamela
at Agincourt
Leipzig
Kutno

And also the number of victims
of terror
of the white
the red
the brown
– O colours innocent colours –

– we don’t know
truly we don’t know

Mr Cogito
rejects the sensible explanation
that it was long ago
the wind has thoroughly mixed the ashes
the blood flowed to the sea

sensible explanations
intensify the alarm
of Mr Cogito

because even what
is happening under our eyes
evades numbers
loses the human dimension

somewhere there must be an error
a fatal defect in our tools
or a sin of memory

2

a few simple examples
from the accounting of victims

in an aeroplane disaster
it is easy to establish
the exact number of the dead

important for heirs
and those plunged in grief
the insurance companies

We take the list of passengers
and the crew
next to each name
we place a little cross

it is slightly harder
in the case
of train accidents

bodies torn to pieces
have to be put back together
so no head
remains ownerless

during elemental
catastrophes
the arithmetic
becomes complicated

we count those who are saved
but the unknown remainder
neither alive
nor definitely dead
is described by a strange term
the missing

they still have the chance
to return to us
from fire
from water
the interior of the earth

if they return – that’s fine
if they don’t – too bad

 

3

now Mr Cogito
climbs
to the highest tottering
step of indefiniteness

how difficult it is to establish the names
of all those who perished
in the struggle with inhuman power

the official statistics
reduce their number
once again pitilessly
they decimate those who have died a violent death
and their bodies disappear
in the abysmal cellars
of huge police buildings

eyewitnesses
blinded by gas
deafened by salvos
by fear and despair
are inclined toward exaggeration

accidental observers
give doubtful figures
accompanied by the shameful
word ‘about’

and yet in these matters
accuracy is essential
we must not be wrong
even by a single one

we are despite everything
the guardians of our brothers

ignorance about those who have disappeared
undermines the reality of the world

it thrusts into the hell of appearances
the devilish net of dialectics
proclaiming there is no difference
between the substance and the spectre

therefore we have to know
to count exactly
call by the first name
provide for a journey

in a bowl of clay
millet poppy seeds
a bone comb
arrowheads
and a ring of faithfulness

amulets

Zbigniew Herbert, ‘Mr Cogito on the Need for Precision’, in Report from the Besieged City and Other Poems, Translated with and Introduction and Notes by John Carpenter and Bogdana Carpenter, Oxford University Press 1987


 

For additional information on the human rights violations during the Polish martial law, see Amnesty International’s Annual Report 1982 (p280-285) and Annual Report 1983 (p265-270).

Litigating human rights 1/2: Amnesty International’s interventions before international tribunals

Faroe_stamp_131_amnesty_international FREE COPYRIGHTAmnesty International is known for being a vocal organisation: many of its activities are carried out publicly, via petitions, demonstrations, declarations. A large part of Amnesty International’s work, however, happens quietly, in backstage meetings and private conversations. Or before national and international courts and tribunals, where Amnesty International often appears as a third party or amicus curiae.

This post lists selected international cases in which Amnesty International has intervened, most often as a third party or an amicus curiae. It is a tribute to all the women and men who have contributed their vision and passion to this work, as well as to the lawyers who have lent their professional skills to human rights, representing Amnesty International pro bono.

Fore more info, have a look at: Dean Zagorac, “International Courts and Compliance Bodies: The Experience of Amnesty International”, in Tullio Treves (ed.), Civil Society, International Courts and Compliance Bodies (T.M.C. Asser Press, 2005), p11 ff.

International Courts

African Commission on Human and Peoples’ Rights

Amnesty International submitted several communications to the African Commission under Article 55 of the African Charter on Human and Peoples’ Rights

Amnesty International v Zambia, communication no. 212/98

Amnesty International and others v Mauritania, Communications no. 54/91, 61/91, 96/93, 98/93, 164/97, 196/97, 210/98

  • Decision, 27th Ordinary Session, Algiers, 27 April – 11 May 2000

Amnesty International and others v Sudan, Communcations Nos. 48/90, 50/91, 52/91 and 89/93

  • Decision, 26th Session, Kigali, 1–15 November 1999

Amnesty International v Tunisia, Communications no. 69/92 and 79/92

  • Decision, 13th Ordinary Session, Banjul, 29 March – 7 April 1993

Chutan (on behalf of Banda) and Amnesty International (on behalf of Orton and Vera Chirwa) v Malawi, Communications Nos. 64/92, 68/92, AND 78/92

  • Decision, 17th Session, Lomé, 13–22 March 1995

Community Court of Justice of the Economic Community of West African States (ECOWAS)

Civil Society Associations Gambia (CSAG) v Gambia

 SERAP v Federal Republic of Nigeria

Court of Justice of the European Union

X, Y and Z v Minister voor Immigratie, Integratie en Asiel (Minister for Immigration, Integration and Asylum), Joined Cases C-199/12, C-200/12, C-201/12

N.S. v Secretary of State for the Home Department (Case C-411/10) and M.E. & Others v ORAC (Case C-493/10)

European Court of Human Rights

Husayn (Abu Zubaydah) v Poland, Application No. 7511/13

A. P. and others v France, application no. 79885/12

  • Written comments submitted jointly by Amnesty International, ILGA Europe and Transgender Europe (TGEU), 24 July 2015

M.E. v Sweden, application no. 71398/12

  • Written submissions on behalf of Amnesty International, 11 April 2013 [on file with Amnesty International]
  • Judgment (Merits and Just Satisfaction) of the Court (Fifth Section), 26 June 2014

Alekhina and others v Russia, application no. 38004/12

  • Written submissions on behalf of Amnesty International and Human Rights Watch, 14 April 2014 [on file with Amnesty International]

Al Nashiri v Romania, application no. 33234/12

Tarakhel v. Switzerland, application no. 29217/12

Abu Zubaydah v Lithuania, application no. 46454/11

S.A.S. v. France, Application No. 43835/11

Al Nashiri v Poland, Application No. 28761/11

El-Masri v. the former Yugoslav Republic of Macedonia, application no. 39630/09

Hämäläinen v. Finland, application no. 37359/09

  • Written observations of Amnesty International, 13 September 2013 [on file with Amnesty International]
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber), 16 July 2014

M.S.S. v Belgium and Greece, Application No. 30696/09

Hirsi Jamaa and Others v Italy, application no. 27765/09

  • Written submissions on behalf of the AIRE Centre (Advice on Individual Rights in Europe), Amnesty International and the Fédération internationale des ligues des droits de l’Homme (FIDH) [on file with Amnesty International]
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber), 23 February 2012
  • Amnesty International, Italy: ‘Historic’ European Court judgment upholds migrants’ rights, public statement, 23 February 2012

Sharifi and Others v. Italy and Greece, application no. 16643/09

Othman (Abu Qatada) v. the United Kingdom, application no. 8139/09

P and S v Poland, Application No. 57375/08

Z v Poland, Application No. 46132/08

  • Written submissions on behalf of Amnesty International [on file with Amnesty International]
  • Judgment (Merits and Just Satisfaction)  of the Court (Fourth Section), 13 November 2012

Janowiec and Others v. Russia, application Nos. 55508/07 and 29520/09

X and others v. Austria, application No. 19010/07

Jones and Others v the United Kingdom, applications no. 34356/06 and 40528/06

  • See below for the UK proceedings
  • Written comments by Redress, Amnesty International, Interights and Justice, 20 February 2010
  • Judgment (Merits and Just Satisfaction) of the Court (Fourth Section), 14 January 2014

Ramzy v the Netherlands, Application No. 25424/05

  • Written comments by Amnesty International and six others, 22 November 2005
  • Judgment (Struck out of the List) of the Court (Third Section), 20 July 2010

BAYATYAN V. ARMENIA, APPLICATION NO. 23459/03

  • Written comments submitted by Amnesty International, Conscience and Peace Tax International, Friends World Committee for Consultation (Quakers), International Commission of Jurists, War Resisters’ International, Index POL 31/001/2010, 15 July 2010
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber), 7 July 2011

Tahsin Acar v Turkey, application no. 26307/95

  • Written submissions on behalf of Amnesty International [not available]
  • Judgment (Preliminary Objection) of the Court (Grand Chamber), 6 May 2003

Assenov and Others v Bulgaria, application no. 24760/94

  • Written comments on behalf of Amnesty International, 13 February 1998 [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Chamber), 28 October 1998

Kurt v Turkey, application no. 24276/94

  • Written submissions on behalf of Amnesty International [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Chamber), 25 May 1998

AYDIN V TURKEY, APPLICATION NO.23178/94

  • Written submissions on behalf of Amnesty International [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber), 25 September 1997

Chahal v the United Kingdom, Application no. 22414/93

Akdivar and Others v Turkey, Application No. 21893/93

  • Written submissions on behalf of Amnesty International [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber) 16 September 1996

McCann and others v the United Kingdom, application no.18984/91

John Murray v the United Kingdom, application no. 18731/91

  • Written comments on behalf of Amnesty International and Justice [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Grand Chamber), 8 February 1996

Brannigan and McBride v the United Kingdom, application nos. 14553/89 and 14554/89

  • Written comments on behalf of Amnesty International [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Plenary), 26 May 1993

Soering v United Kingdom, Application No. 14038/88

  • Written comments on behalf of Amnesty International [not available]
  • Judgment (Merits and Just Satisfaction) of the Court (Plenary), 7 July 1989

Extraordinary Chambers in the Courts of Cambodia

Case No.: 002/19-09-2007-ECCC-OCIJ-PTC

Inter-American Commission on Human Rights

Paloma Angélica Escobar Ledezma and others v Mexico, case 12.551

  • Amicus curiae brief on behalf of Amnesty International, 10 July 2007 [not available]
  • Report No. 51/13, 12 July 2013

Hul’qumi’num Treaty Group v. Canada, Petition 592-07

Luis Gabriel Caldas León v Colombia, case 11.596

  • Amicus curiae brief on behalf of Amnesty International [not available]
  • Report No. 137/10, 23 November 2010

Inter-American Court of Human Rights, contentious cases

Mendoza et al. v. Argentina

  • Amicus curiae brief presented by Amnesty International [not available]
  • Judgment of 14 May 2013 (Preliminary Objections, Merits and Reparations), Series C No. 260

Karen Atala Riffo and daughters v Chile (Case 12.502)

  • Amici curiae brief presented by Amnesty International and fifteen others, 8 September 2011
  • Judgment of 24 February 2012 (Merits, Reparations and Costs), Series C No. 239

Radilla Pacheco v. Mexico

González et al. (“Cotton Field”) v. Mexico

  • Amici curiae brief in support of petitioners presented by Amnesty International and others, 7 July 2009
  • Judgment of 16 November 2009 (Preliminary Objection, Merits, Reparations and Costs), Series C No. 205

Ronald Ernesto Raxcacó Reyes v Guatemala

Cayara v. Peru

  • Amnesty International joined Americas Watch as co-complainant in the case before the Inter-American Commission on Human Rights
  • Judgment of the Court (Preliminary Objections), 3 February 1993, Series C No. 14

Fairen-Garbi and Solis-Corrales v Honduras

  • Brief of Amnesty International as amicus curiae, 7 January 1988 [not available]
  • Judgment of the Court (Merits), 15 March 1989, Series C No. 6

Godinez-Cruz v Honduras

  • Brief of Amnesty International as amicus curiae, 7 January 1988 [not available]
  • Judgment of the Court (Merits), 20 January 1989, Series C No. 5

Velasquez-Rodriguez v Honduras

  • Brief of Amnesty International as amicus curiae, 7 January 1988 [not available]
  • Judgment of the Court (Merits), 29 July 1988, Series C No. 4

Inter-American Court of Human Rights, Advisory Opinions

Request of Advisory Opinion submitted by the State of Panama

  • Request of Advisory Opinion submitted by the State of Panama, 28 April 2014
  • Written observations by Amnesty International submitted pursuant to Article 73(3) of the Rules of Procedure of the Inter-American Court of Human Rights, 30 March 2015

Legislative measures concerning the mandatory imposition of the death penalty and related matters

  • Request of Advisory Opinion presented by the Inter-American Commission of Human Rights, 20 April 2004
  • Written observations presented by Amnesty International, Index IOR 62/005/2004, 8 December 2004
  • Order of the Court, 24 June 2005 (Spanish only)

The Right to Information on Consular Assistance in the Framework of the Guarantees of the due Process of Law

  • Brief of Amnesty International as amicus curiae [not available]
  • Advisory Opinion OC-16/99 of 1 October 1999, Series A No.16

Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and (8) American Convention on Human Rights)

International Court of Justice

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

International Criminal Court

The Prosecutor v Jean-Pierre Bemba Gombo, case no. ICC-01/05 -01/08

  • Amnesty International’s Application for leave to submit amicus curiae observations pursuant to Rule 103 of the Rules of Procedure and Evidence, no. ICC-01/05-01/08-399, 6 April 2009
  • Decision on Application for leave to submit amicus curiae observations
    pursuant to Rule 103 of the Rules of Procedure and Evidence of the Pre-Trial Chamber II, no. ICC-01/05-01/08-401, 9 April 2009
  • Amnesty International’s Amicus curiae observations on superior responsibility, No. ICC-01/05-01/08-406, 20 April 2009

Special Court for Sierra Leone

Prosecutor v. Brima et al., Case No.SCSL-2004-16-AR73

  • Order of the Appeals Chamber on the appointment of amicus curiae, 2 December 2005
  • Corrigendum to the Order of the Appeals Chamber on the appointment of amicus curiae, 2 December 2005
  • Amicus curiae brief of Amnesty International concerning the public interest information privilege, 16 December 2005
  • Decision of the Appeals Chamber on Prosecution appeal against Decision on oral application for witness TF1-150 to testify without being compelled to answer questions on grounds of confidentiality

Litigating human rights: Amnesty International in the Pinochet case

Between 1998 and 2000, Amnesty International was directly involved in the legal proceedings to bring former Chilean President Augusto Pinochet to trial for his alleged involvement in the commission of crimes under international law.

General Pinochet’s arrest in the United Kingdom was the culmination of years of campaigning by the families of the victims.

 

Litigation in the Pinochet case was also the culmination of years of research by Amnesty International into the crimes under international law committed in Chile since 1973.

 

This post lists the public documents published by Amnesty International in relation to the proceedings of the Pinochet case in the United Kingdom. A timeline of key developments in the several strands of the Pinochet case can be found here.

This post is dedicated to the memory of Christopher Keith Hall

 

Phase I: Proceedings before the High Court and the House of Lords

Proceedings before the High Court

17 October 1998: General Pinochet is arrested in London

Proceedings before the House of Lords

25 November 1998: first House of Lords judgment – Judgment of the House of Lords, Regina v. Bartle and the Commissioner of Police for the Metropolis and others, Ex Parte Pinochet (on appeal from a Divisional Court of the Queen’s Bench Division); Regina v. Evans and another and the Commissioner of Police for the Metropolis and others, Ex Parte Pinochet (on appeal from a Divisional Court of the Queen’s Bench Division), 25 November 1998

24 March 1999: second House of Lords judgment – Judgment of the House of Lords, Regina v. Bartle and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet; Regina v. Evans and Another and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet (On Appeal from a Divisional Court of the Queen’s Bench Division), 24 March 1999

8 October 1999: A UK court orders the extradition of General Pinochet to Spain

3 December 1999: High Court of Justice, Queen’s Bench Division, In the matter of Augusto Pinochet Ugarte and In the matter of an application for a writ of habeas corpus ad subjiciendum, Decision, 3 December 1999

Chile - desaparecidos

Phase II: Judicial review case

Abusive labour migration policies: Amnesty International’s statement on the occasion of the UN Committee on Migrant Workers’ Day of general discussion on workplace exploitation and workplace protection

Mexican construction workers

DOWNLOAD THIS DOCUMENT IN PDF

Ladies and gentlemen,

Amnesty International would like to thank the UN Committee on Migrant Workers and the Office of the High Commissioner for Human Rights for inviting the organisation to participate in this Day of general discussion.

My observations today will focus on abusive labour migration policies, i.e. labour migration policies that increase migrant workers’ risk of suffering labour exploitation and other abuses at the hands of their employers.

These observations are based on field research on labour exploitation of migrant workers, conducted by Amnesty International in Hong Kong (China), Italy, Qatar and South Korea between 2009 and 2014. You will find more details in Amnesty International’s written submission to the Committee. Individual testimonies and detailed legal and policy analyses have been published in country-specific reports.

In many of the cases of labour exploitation that Amnesty International investigated, the abuses suffered by workers were not only due to the actions or failures of an individual employer, but were linked to systemic problems in the way migrant workers’ employment is regulated in the destination country. We have found that, in many destination countries, labour exploitation is rooted in serious flaws in the processes by which migrant workers are recruited and employed, which facilitate and enable employers to subject migrant workers to exploitative practices.

Let me give you some details about two types of abusive labour migration policies:

  1. Labour migration policies that give the employer control over the migrant worker’s residence status;
  2. Labour migration policies that tie migrant workers to a specific employer.

1. Labour migration policies that give the employer control over the migrant worker’s residence status

Amnesty International’s research has found that labour migration policies that give the employer control over the migrant worker’s residence status increase the risk of labour exploitation.

In Qatar, the Sponsorship Law gives the employer the exclusive responsibility to complete the administrative procedures to issue or renew migrant workers’ visas and work permits. This means that the employer has the power to arbitrarily make migrant workers irregular, even when they meet the relevant legal requirements about entry and stay. Amnesty International researchers met hundreds of migrant workers arbitrarily left “undocumented” by their employers. Without the documents necessary to prove their migration status, migrant workers find themselves at constant risk of arrest by police, who regularly stop migrant workers to check their papers. This highly precarious situation reduces migrant workers’ ability and likelihood to access assistance by the authorities in case of labour exploitation.

In Italy, the seasonal permits system has de facto become an unofficial regularisation mechanism for the many migrant workers in an irregular situation. As the procedure can only be initiated by the employer, irregular migrant workers are completely dependent on their employer’s willingness to apply for the documents necessary to regularise their status. The employer’s effective power to determine the worker’s migration status can easily become a tool to intimidate or threaten workers, undermining their ability to negotiate better wages and working conditions. Amnesty International’s research has shown that the promise of regular documents is often used by employers to induce migrant workers to accept exploitative labour conditions. The non-payment of wages or arbitrary wage deductions, which are common instances, are often justified by the employer as payments for his/her “cooperation” in the process to obtain documents.

2. Labour migration policies that tie migrant workers to a specific employer

Amnesty International’s research has found that labour migration policies that tie migrant workers to a specific employer increase the risk of labour exploitation.

This is the case, for example, of:

  • Visas or work permits which require permission by the first employer for the migrant worker to change jobs;
  • Visas or work permits immediately or rapidly expiring when a migrant worker leaves a job or is fired.

 A. Visas or work permits which require permission by the first employer for the migrant workers to change jobs

Some countries impose limitations on the labour mobility of migrant workers, requiring them to obtain permission by their first employer in order to change jobs. In Qatar, such a permission is known as “No objection certificate”, or NOC; in South Korea, the employer signs a “release” document.

If workers find that they have been deceived about the terms and conditions of their contract during the recruitment process, or are subjected to abuse by their employer, the question of whether or not they can change jobs depends on their employer. Where permission to change jobs is not granted, migrant workers who leave their job lose their regular migration status, thus risking arrest, detention and deportation.

Amnesty International’s research has found that the employer’s power to prevent workers from leaving their job can be used to pressure them to continue to work in situations where they are subjected to exploitation or when the individual simply wants to resign and return home. These practices are inconsistent with the right of everyone to the opportunity to gain a living by work which he or she “freely chooses or accepts” (Article 6, International Covenant on Economic, Social and Cultural Rights).

B. Visas or work permits immediately or rapidly expiring when a migrant worker leaves a job or is fired

Visas or work permits that expire immediately or shortly after a migrant worker leaves a job or is fired, leaving them in an irregular migration situation, increase the risk of labour exploitation because they greatly reduce the likelihood that the worker would seek help from the authorities in case of abuse, for fear of being detected as irregular and deported.

This is the case for visas that do not allow the worker to change employer, thereby expiring when the employment relationship with the first employer ends, such as the United Kingdom’s visa for migrant domestic workers.

However, the same risk of labour exploitation arises with respect to labour migration policies that allow migrant workers only a very short time to find a second employer after the end of the employment relationship with the first one, such as the Two-Week Rule in Hong Kong (China) and the Employment Permit System in South Korea.

Migrant workers who lodge a complaint against their employer are likely to have their contract terminated. Labour migration policies that impose on them a very short time to find another job leave them with little choice but to remain in abusive and/or exploitative conditions or accept jobs with unfavourable work conditions in order to maintain their regular migration status. Fear of losing their job and quickly becoming irregular increases migrant workers’ reluctance to complain about abusive labour conditions.

Recommendations

Amnesty International recommends that the Committee requests states parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families to provide detailed information on the following aspects of their labour migration policies:

  • Labour migration policies that give the employer control over the migrant worker’s residence status;
  • Labour migration policies that tie migrant workers to a specific employer;
  • Measures taken to ensure the right of all migrant workers to the opportunity to gain a living by work which he or she freely chooses or accepts;
  • Measures taken to ensure that all migrant workers are able to report instances of labour exploitation and obtain an effective remedy for human rights violations.

 

The 2007 Italy – Egypt readmission agreement * in English and Italian

Source: Wikimedia

Source: Wikimedia

The Cooperation agreement on readmission between the government of the Italian Republic and the government of the Arab Republic of Egypt (“Accordo di cooperazione fra il governo della Repubblica Italiana e il governo della Repubblica Araba di Egitto in materia di riammissione”) was signed in Rome on 9 January 2007 and entered into force on 25 April 2008.

According to the Italian Ministry of Interior, responding to a Parliamentary question, the agreement was still being applied in August 2013.

The Italian and English texts of the agreement were published online by terrelibere.org in September 2013.

* * *

Download the 2007 Cooperation agreement on readmission between the government of the Italian Republic and the government of the Arab Republic of Egypt in English (PDF)

Scarica l’ Accordo di cooperazione fra il governo della Repubblica Italiana e il governo della Repubblica Araba di Egitto in materia di riammissione in italiano (PDF)