Israel: New testimonies show Israeli deportations putting Eritrean and Sudanese asylum-seekers at risk in Uganda

African asylum seekers and human rights activists protest against the deportation plan, in front of the Rwandan embassy in Herzliya, on February 7, 2018. (Miriam Alster/Flash90)

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI Index: MDE 15/8225/2018
13 April 2018

Israel has continued to deport Eritrean and Sudanese asylum-seekers to Uganda until at least January 2018, Amnesty International revealed today, despite statements by the Ugandan government that no agreement had been in place with Israel to receive them. New research by the organization shows that, once in Uganda, deported asylum seekers have not received papers, are without legal protection and remain vulnerable to exploitation, despite written assurances from Israel they would be protected.

On 13 April 2018 the Ugandan government announced it was “positively considering” a request by Israel to relocate about 500 Eritrean and Sudanese “refugees”. Although the details of the agreement are unclear, the Ugandan government stated that asylum-seekers would “undergo a rigorous vetting process” before being granted asylum in the country.

Amnesty International has collected new testimonies from ten Eritrean and Sudanese asylum-seekers deported from Israel to Uganda between February 2017 and January 2018. Seven of them are still in Uganda, while the remaining three have left for other countries in Africa.

These testimonies show uniform reception procedures upon arrival in Uganda that raise serious concerns for the rights of those deported, including the risk of forcible return to their country of origin. Asylum seekers told Amnesty International that Ugandan individuals were waiting for them at the airport when they arrived from Israel and then escorted them out of the airport via back passages, circumventing immigration and customs checks. These Ugandan individuals then took the Israeli issued travel papers from the asylum seekers, leaving them with no visa or other document to show regular entry into the country. One of the deportees was told that their papers had to be sent back to Israel. Taxis then took them to a hotel in Kampala, where rooms had been paid for in advance for two or three nights.

“It’s like a kidnapping” one Eritrean asylum-seeker described the experience to Amnesty International.

Israeli officials have issued documents and given verbal assurances to deportees that they will receive a residence permit in Uganda to allow them to work and protect them from forcible return to their home country. Israel also gives them US$3,500 upon departure. Once in Uganda, however, asylum-seekers interviewed by Amnesty international found these promises to be empty. Their irregular migration status has left them at risk of detention and forcible return to their country of origin.

One of the asylum-seekers interviewed by Amnesty International was arrested by Ugandan police shortly after arriving in the country together with five other deportees from Israel and beaten for more than three hours. “They were asking: ‘you are illegal, how did you enter the country?’ They took all the money we had from Israel” he told the organization. The group managed to pay the police to be released and left Uganda two days later.

At least four of those who remain in Uganda tried to start the process to seek asylum in Uganda through a middleman, who asked them for money. One deportee gave US$400 to a middleman who promised him papers and then disappeared. At least three of those interviewed by Amnesty International expressed concern that, because they were from Israel, they would be rejected if they attempted to submit an asylum claim.

One of the deportees told Amnesty International that he recently received a call from an Israeli immigration official, who asked him details about his current situation in Uganda. “I told him it’s very bad: I have no job and no papers” he told Amnesty International.

Only 11 Eritrean and Sudanese nationals have been granted refugee status in Israel since 2013. According to the Israeli government, 1,749 Eritrean and Sudanese asylum-seekers were deported to Uganda between 2015 and 2018, including 630 people in 2017 and 128 people in January-March 2018.

The Ugandan government, however, has consistently denied the existence of any agreement for the reception of deportees from Israel, implicitly denying the presence of asylum-seekers arriving from Israel on their territory and refusing to acknowledge any duty towards them. On 3 April 2018 Uganda’s Foreign Affairs Minister, Henry Okello Oryem, was quoted in the media saying: “We do not have a contract, any understanding, formal or informal, with Israel for them to dump their refugees here.”

The Israeli High Court of Justice is currently hearing a case on the legality of the deportations of Eritrean and Sudanese asylum-seekers from Israel. The Court has requested the Israeli government to provide information in the next few days about its “updated agreement” with Uganda, allowing for “involuntary removals”.

The deportations of Eritrean and Sudanese asylum-seekers from Israel are illegal under international law as they violate the prohibition of non-refoulement. This is the prohibition against transferring anyone to a place where they would be at real risk of persecution and other serious human rights violations, or where they would not be protected against such a transfer later.

Israel boasts one of the highest gross domestic products (GDPs) in the world, making it one of the most prosperous and wealthy countries in the Middle East. Israel’s GDP per capita is more than 55 times that of Uganda, while Uganda’s refugee population is more than 20 times that of Israel.

There is an onus of responsibility on the Israeli government to protect the world’s refugees and accept asylum seekers in desperate need of a home. The forced – and illegal – deportation of Eritrean and Sudanese asylum-seekers is an abandonment of this responsibility. It is an example of the ill-thought-out policies that have fed the so-called global refugee crisis.

The Israeli government must immediately halt the deportations of Eritrean and Sudanese asylum-seekers to Uganda and grant them access to a fair and effective refugee status determination procedure. Meanwhile, the government of Uganda must immediately cease any co-operation with the Israeli government to carry out illegal deportations.

Advertisements

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)

The 1992 Spain – Morocco readmission agreement * in English and Spanish

Copyright: Wikimedia

Copyright: Wikimedia

The Agreement between the Kingdom of Spain and the Kingdom of Morocco on the movement of people, the transit and the readmission of foreigners who have entered illegally entered into force on 21 October 2012. It had been provisionally applied since 13 February 1992, date of its signature.

This is the official Spanish version:
Acuerdo entre el Reino de España y el Reino de Marruecos relativo a la circulación de personas, el tránsito y la readmisión de extranjeros entrados ilegalmente, «BOE» núm. 100, de 25 de abril de 1992, p13969-13970 (BOE-A-1992-8976).

You will find below an unofficial English version. Download it in PDF format here.

* * *

AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE KINGDOM OF MOROCCO ON THE MOVEMENT OF PEOPLE, THE TRANSIT AND THE READMISSION OF FOREIGNERS WHO HAVE ENTERED ILLEGALLY

 In the framework of the cooperation established between the Kingdom of Spain and the Kingdom of Morocco and the historical ties linking the two peoples and to address the common concern of coordinating efforts to stop the illegal migration flow of foreigners between Spain and Morocco,

The two Parties have agreed as follows:

CHAPTER I
Readmission of foreigners

Article 1
At the formal request of the border authorities of the requesting State, border authorities of the requested State shall readmit in its territory the third-country nationals who have illegally entered the territory of the requesting State from the requested State.

Article 2
The readmission will be effected if it is proven, by any means, that the foreigners whose readmission is requested actually come from the territory of the requested State.
The application for readmission shall be submitted within ten days after the illegal entry into the territory of the requested State [sic]. It shall contain all available data relating to the identity, the personal documents that the foreigner may possess and the conditions of his/her illegal entry into the territory of the requesting State, as well as any other information available.
When the readmission is accepted, it is documented by the issuance by the border authorities of the requested State of a certificate or any other document stating the identity and, where appropriate, the documents of the foreigner in question.

Article 3
There is no obligation of readmission:
a) For nationals of third countries that have common borders with the requesting State;
b ) For foreigners who have been allowed to remain in the territory of the requesting State after their illegal entry;
c ) For foreigners who, at the time of entry into the territory of the requesting State, are in possession of a visa or a residence permit issued by the requesting State; or who have obtained from the same [requesting State] a visa or residence permit after their entry;
d ) For those to whom the requesting State has recognized refugee status according to the Geneva Convention of 28th July 1951.

Article 4
The requesting State shall readmit in its territory those foreigners whose readmission it requested and obtained by the requested State when it results from checks after the expulsion that they were, at the time of entry into the territory of the requested State, in one of the situations described in Article 3.

Article 5
The requested State shall ensure that the foreigners readmitted are sent as soon as possible to their State of origin or the State where they started their journey, to the extent that they are not entitled to remain in the territory of the requested State.

CHAPTER II
Transit for the expulsion of foreigners

Article 6
Each of the Contracting Parties, upon request of the other Party, may accept the entry and transit through its territory of nationals of third countries for expulsion, where the continuation of the journey and the admission in the State of destination are fully ensured.
Each of the Contracting Parties, upon request of the other Party, may accept also the transit for expulsion of nationals of third countries through the international areas of designated airports, in the same conditions as in the previous paragraph. Transit by air may be made, where appropriate, in the custody of the police authorities of the requesting State.
The requesting State shall immediately readmit into its territory those foreigners whose expulsion is in progress when the State of destination refuses their entry.

Article 7
The request of transit for expulsion of third country nationals will be processed directly between the authorities designated for such purposes by the Ministries of Interior of both Parties. It shall contain the information concerning the identity, the personal documents that the foreigner may possess, their stay in the territory of the requesting State and the conditions of their transit through the territory of the requested State.

Article 8
The transit for expulsion may be denied:
a) When the foreigner’s entry in the requested State is prohibited;
b) When the foreigner may be charged or has been condemned by a Criminal Court in the requested State, for facts preceding the transit;
c) When the foreigner may be charged or has been condemned by a Criminal Court in the State of destination, for facts preceding the transit;
d) When the foreigner faces the risk of suffering ill-treatment in the State of destination;
e) When the transit is requested for the expulsion of nationals of Maghreb countries members of the UMA [Union du Maghreb Arabe, Arab Maghreb Union].

 CHAPTER III
Other provisions

Article 9
This Agreement shall be without prejudice to the obligations for the readmission of third country nationals resulting from the application of the provisions of other bilateral or multilateral Agreements.

Article 10
The requesting State shall bear:
The costs of transport unto the entry in the requested State of the persons whose readmission is requested.
The costs of transport unto the destination State of the persons whose transit is authorised. The requesting State shall also bear the costs of return of the person not admitted.

Article 11
A Spanish-Moroccan Joint Committee is hereby established, under the authority of the Ministers of Interior, which shall resolve all contentious cases that may arise from the implementation of this Agreement and monitor the implementation of its provisions.
The Joint Committee shall review the procedures and criteria for compensation of the financial imbalances resulting from the readmission of the expelled foreigners.
This Committee will organize mutual assistance in the development of border control measures, especially in regard to equipment and training of border control personnel.

Article 12
In accordance with Spanish legislation and international agreements on free movement of persons of which Spain is a Party, Moroccan citizens legally residing in the territory of Member States of the European Community may, without a visa, access and circulate freely through the Spanish territory for a maximum period of three months.

Article 13
The Spanish and Moroccan authorities shall cooperate in the appropriate framework in the organization of migration flows between the two countries, to the extent that they may be necessary, always guaranteeing the social rights of the workers concerned.

Article 14
The Ministries of the Interior of the Contracting Parties may establish and, if necessary, modify the list of border posts in which readmission and entry for transit of nationals of third countries can take place, as well as the list of airports that may be used for the transit of expelled foreigners in their journey to the State of destination.
The Contracting Parties shall notify each other of such lists and any amendments through diplomatic channels.

Article 15
In the framework of the Joint Committee established under Article 11, the Contracting Parties may propose all modifications and improvements deemed necessary for a better implementation of this Agreement and to safeguard the national interests of the Contracting Parties.

Article 16
This Agreement shall enter into force thirty days after both Contracting Parties have notified each other of the fulfilment of constitutional requirements for its ratification. The Agreement shall be applied provisionally from the date of signature.
This Agreement shall be in force for three years, renewable by tacit agreement for periods of equal duration.
This Agreement may be denounced at any time by either Party. Denunciation shall take effect three months after its notification to the other Party.

Done at Madrid, on 13th February 1992, in two originals in Spanish and Arabic, both texts being equally authentic.

For the Kingdom of Spain
JOSE LUIS CORCUERA SLOPE
Minister of the Interior

For the Kingdom of Morocco
Driss Basri
Minister of Interior and Information

This Agreement shall be provisionally applied from 13th February 1992, date of its signature, as provided in Article 16.

Made public for general knowledge.
Madrid, 17th March 1992. The Technical Secretary-General, Aurelio Pérez Giralda.