Dated: March 23, 2012
UN Special Rapporteur on the human rights of migrants
Francois Crepeau, (OHCHR)
To His Excellency
Mr. Steffen Kongstad
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Norway
Permanent Mission of Norway to the United Nations Office at Geneva
NATIONS UNIES
HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L’HOMME
PROCEDURES SPECIALES DU CONSEIL DES DROITS DE L’HOMME UNITED NATIONS
OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
SPECIAL PROCEDURES OF THE HUMAN RIGHTS COUNCIL
Mandate ,of the Special Rapporteur on the human rights of migrants.
Téléfax: (41-22)917 9006
Télégrammes: UNATIONS, GENEVE
Téléx: 41 29 42
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REFERENCE: AL, G/SO 214 (106-10)
NOR 1/2012
Address; Palais des Nations CH-1211 GENEVE 10
Excellency.
His Excellency
Mr. Steffen Kongstad
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Norway
to the United Nations Office at Geneva
Avenue de Budé 35 bis
Case postale 274
1211 Geneva 19
I have the honour to address you in my capacity as Special Rapporteur
on the’ human rights of migrants pursuant to General Assembly
resolution 60/251 and to Human Rights Council resolution 17/12. In this connection, I would like to bring to the attention of your
Excellency’s Government information I have received regarding the
repatriation agreement between Norway and Ethiopia. I will also be
sending a similar letter to the Government of Ethiopia.
According to the information received: A Memorandum of Understanding (MOU) between the governments of Norway
and Ethiopia concerning assisted return of Ethiopian nationals residing
in Norway was signed on 26 January 2012. Ethiopian nationals whose
request for a refugee status or residence permit has been rejected, and
those with pending application for asylum who decide of their own free
will to return to Ethiopia are being offered’ an opportunity to return
voluntarily to Ethiopia with support from the , Norwegian authorities.
The MOU provides that Norwegian authorities commit themselves to sharing
with the Ethiopian authorities “as much information as possible with
regard to the returnees” (article 3.4). It is alleged that this could
put them at risk when they are returned to Ethiopia. Furthermore, the
MOU does not provide for guarantees that the returnees will not be
subjected to harassment, threats, persecution, discrimination or
criminal investigations upon their return to Ethiopia. The MOU (annex 2)
provides that the Norwegian authorities shall submit a return
application (for the persons to be returned) to the Ethiopian Ministry
of Foreign Affairs and to the National Intelligence and Security
Services/Immigration.
The MOU (annex 1) further provides that the Ethiopian Administration for
Refugee and Returnee Affairs (ARRA) will be responsible for the
implementation of the return and reintegration programme in Ethiopia. It
is alleged that ARRA does not have any experience relating to
reintegration of individuals. According to the MOU, ARRA will receive a
sum of money per returned person (NOK 26 000 per person plus
administrative costs).
-Reportedly, repatriation agreements Norway has entered into with other
countries in the past have provided that personal information concerning
the content of asylum application should not be disclosed, and that the
receiving country undertakes to protect the returnees against
harassment, threats, persecution, discrimination and criminal
prosecution. Furthermore, in the past, reintegration programmes have
been managed by IOM or UNHCR.
Allegedly those who do not return voluntarily will be returned by force,
starting on 15 March 2012. This may affect up to 400 persons, many of
whom have been living in Norway for many years, established families in
Norway and worked there legally until January 2011, when their work
permits were withdrawn. Reportedly, persons who do not return
voluntarily and who are returned by force will not receive reintegration
support.
It is alleged that the freedoms of opinion and expression and peaceful
assembly and association are not guaranteed in Ethiopia. Many of the
rejected asylum seekers residing in Norway claim to have been political
activists in Ethiopia, and fear that their lives could be in danger if
they are returned to Ethiopia. It is further alleged that the
deportations may result in rights abuses such as torture or
ill-treatment.
Children who were born and raised in Norway, and who have never even
been to Ethiopia will reportedly also be subjected to forced return.
Reportedly, primary education is not free or compulsory in Ethiopia,
which could lead to a regression in these children’s enjoyment of their
right to education. Furthermore, 46 children who are either Norwegian
citizens or have a permanent residence in Norway and who will remain
there, will be separated from either their mother or father, whose
asylum application has been rejected, and who will be subjected to
forced return.
Concern is expressed at the lack of safeguards in place for the return
and reintegration process- Concern is also expressed for the physical
and mental integrity of persons who have been politically active with
the Ethiopian opposition, should they be forcibly returned to Ethiopia.
Concern isfurther expressed that forced return may not be in the best
interests of the children concerned.
While I do not wish to prejudge the accuracy of these allegations, I
would like to remind your Excellency’s Government that the enjoyment of
the rights guaranteed in the International Covenant on Civil and
Political Rights (ICCPR), ratified by Norway on 13 September 1972, is
not limited to citizens of States parties but “must also be available to
all individuals, regardless of nationality or statelessness, such as
asylum seekers, refugees, migrant workers and other persons, who may
find themselves in the territory or subject to the jurisdiction of the
State Party” (CCPR/C/21/Rev.l/Add. 13 (2004), para. 10).
Furthermore, I would like to stress that your Excellency’s Government
has the obligation to protect the right to physical and mental integrity
of all persons within its territory or subject to its jurisdiction.
Article 7 of the ICCPR provides that “No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment. I
would also like to recall article 3 of the Convention Against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment, ratified
by Norway on 9 July 1986, according to which no State Party shall expel,
return (“refouler”) or extradite a person to another State where there
are substantial grounds for believing that he would be in danger of
being subjected to torture.
For the purpose of determining whether there
are such grounds, the competent authorities shall take into account all
relevant considerations including, where applicable, the existence in
the State concerned of a consistent pattern of gross, flagrant or mass
violations of human rights. In this respect, I would like to refer to
the Committee against Torture, which in 2010 was “deeply concerned about
numerous, ongoing and consistent allegations concerning the routine use
of torture by the police, prison officers and other members of the
security forces, as well as the military, in particular against
political dissidents and opposition party members, [...]” in Ethiopia
(CAT/C/ETH/CO/1, para 10.
I would also like to draw your attention to article 33 of the 1951
Convention on the Status of Refugees and its protocol, ratified by
Norway on 23 March 1953 and 28 November 1967 respectively, which
stipulate that no Contracting State shall expel or return (“refouler”) a
refugee in any manner whatsoever to the frontiers of territories where
his life or freedom would be threatened on. account of his race,
religion, nationality, membership of a particular social group or
political opinion.
While noting that your Excellency’s Government is currently working on a
white paper on asylum-seeking children (Stortingsmelding om barn på
flukt), it is of particular concern that the MOU does not seem to take
into account the particular protection measures that should be put in
place for children. In this regard, allow me to remind your Excellency’s
Government of article 3 of the Convention on the Rights of the Child,
ratified by Norway on 8 January 1991, which provides that in all actions
concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary
consideration. In this respect I would like to refer to the concern
expressed by the Committee on the Rights of the Child in 2010, that in
Norway, “the principle of primary consideration of the best interests of
the child is not yet applied in all areas affecting children, such as
[...] immigration cases” (CRC/C/NOR/CO/4, para 22).
I would also like to
recall article 2(2) of the Convention which provides that all
appropriate measures shall be taken “to ensure that the child is
protected against all forms of discrimination or punishment on the basis
of the status, activities, expressed opinions, or beliefs of the
child’s parents, legal guardians, or family members”.
In the event that your investigations -support or suggest the above
allegations to be correct, I urge your Excellency’s Government to take
all necessary measures to guarantee that the rights and freedoms of
Ethiopian nationals at risk of forced return are respected.
As it is my responsibility, according to the mandate entrusted to me by
the Human Rights Council, to clarify all information brought to my
attention, I would greatly appreciate additional details from your
Excellency’s Government concerning the above MOU and its implementation
plan. I would in particular appreciate to receive information on the
following points:
1. Are the facts alleged in the above summary of the case accurate?
2. How will your Excellency’s Government monitor how ARRA spends the
money it receives for the implementation of the return and reintegration
programme?
3. What is the role of the National Intelligence and Security Services in the return and reintegration process?
4. How will your Excellency’s Government ensure that the authorities
in Ethiopia comply with the absolute prohibition of torture vis-a-vis
the returnees?
5. What measures has your Excellency’s Government taken or does it
intend to take to ensure an individual assessment of all Ethiopian
nationals subjected to forced return; those who may be in need of
international refugee protection or who are in need of human rights
protection for other reasons?
6. What measures has your Excellency’s Government taken or does it
intend to take to ensure an evaluation of the best interests of the
child in relation to each Ethiopian child (any person under the age of
18 years) who may be subjected to forced return?
7. Please provide information on the status of the negotiations
relating to other repatriation agreements between your Excellency’s
Government and other countries, please indicate the contents of these
agreements, and please send me a copy of the draft texts of the
agreements, if available.
I would greatly appreciate receiving the above information from your
Excellency’s Government within 60 days. Your Excellency’s Government’s
response will be made available in a report to the Human Rights Council.
I remain at your disposal for any further clarification you may
require and hope to . be able to continue this constructive dialogue
with you and your Excellency’s Government. Please note that I can be
contacted through the Office of the High Commissioner for Human Rights
(Ms. Christel Mobech at cmobech@ohchr.org, and Ms. Federica Donati at
fdonati@ohchr.org, tel: + 41 22 917 9995 / + 41 22 917 9496; or any of
them at: migrant@ohchr.org).
Please accept, Excellency, the assurances of my highest consideration.
Francois Crepeau
Special Rapporteur on the human rights of migrants
Look the original letter here: http://tolvtejanuar.org/2012/04/18/fns-spesialrapportor-pa-menneskeretter-for-migranter-er-bekymret-over-returavtalen-med-etiopia/