homeless in a foreign country: destitute forced migrants

Homeless In A Foreign Country

Presentation to the European Research Conference on Homelessness and PovertyParis, 18 Sept. 2009

Stefan KeßlerJesuit Refugee Service Europe

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Plan

• What is the Jesuit Refugee Service?

• The ANDES project• Definitions• The vicious circle: (No) Residence status – State’s policy

- poverty – homelessness• Special vulnerability of forced migrants

• Homelessness and poverty: Results of State’s policy!

• Homelessness and poverty: Human rights violations• Conclusions


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What is the Jesuit Refugee Service?• The Jesuit Refugee Service is an international

Catholic organization. • Its mission is to accompany, to serve and to

plead the cause of refugees and forcibly displaced people.

• The JRS was set up by the Society of Jesus in 1980 and is now working over 50 countries worldwide.

• JRS works with all refugees but has a particular concern for the "forgotten" refugees who have moved out of the media spotlight.


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The ANDES Project

• Advocacy Network on Destitution

• Update a study published in 2007• Organise national events in several EU Member

States• Organise a European Conference in 2010

Create a European network on behalf of destitutes

Invitation to participate!Invitation to participate!


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Forced migrants: – Migrant: A person who is living in a country

without holding this country’s citizenship.– Forced: The person can not return to the

country of origin because of• Danger of political persecution or other human

rights violations.

• Lack of travel documents.

• Lack of transport possibilities.• ….

Definitions


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• Consequence:


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Destitution - Elements: – (1) The lack of means: “Destitution describes lacking

the means to meet basic needs of shelter, warmth, food, water and health.” (Lewis 2007)

– (2) The consequence of a State’s policy: Laws and/or official authorities’ practices more or less systematically exclude certain groups of migrants because of their (lack of) residence status from access to services granted to citizens and other groups of migrants.

– (3) No perspective of breaking the vicious circle in the near future

Definitions


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The vicious circle

State‘s policy

(No or „wrong“) Residence status

Poverty

No possibility to meet basic needs homelessness


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“I have been sleeping in an abandoned car during the night. I was begging on the streets for food. My biggest fear is to end up at the streets again.” (Male irregular migrant from Morocco, 18 years old)

• Rejected asylum seekers, third-country nationals who “overstay” their health visa and irregular migrants have no entitlements to public housing nor receive financial support to rent private accommodation.

• Support for housing is terminated if asylum seekers are in the appeals phase of the asylum procedure.

• Holders of a health visa have to provide housing for themselves.

Case example I: Portugal


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• On 2 July 2009 the Italian Senate passed into law a new Security Bill.

• In accordance to the new law those who rent a house or rooms to foreigners who, at the date of conclusion or renewal of the contract, do not regularly stay in the Italian Republic risk 6 months to 3 years imprisonment.

Case example II: Italy


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• No possibility of return to country of origin.• Living in a foreign country.• Language problems.• Cultural problems.• Xenophobia.• If no residence status: Claiming of benefits from

authorities Danger of detention and deportation.

• (Private) Assistance to a destitute migrant crime?

Special vulnerability of homeless forced migrants


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• Laws and/or official authorities’ practices more or less systematically exclude certain groups of migrants because of their (lack of) residence status from access to services granted to citizens and other groups of migrants.

• Examples:– No access to labour market No possibility to earn

money for living Poverty.– Reduction or complete withdrawal of social assistance

Poverty.

Homelessness & Poverty: Consequence of State’s policy!


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• Poverty No means for rents in private housing sector

• Exclusion from access to State housing+ Poverty(+ Criminalisation of private assistance)-----------------------------------------------------= Homelessness

Homelessness & Poverty: Consequence of State’s policy!


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• International Covenant on Economic, Social and Cultural Rights (ICESCR):– Art. 2 § 2: Non-discrimination rule– Art. 11 § 1: Right of everyone to an adequate

standard of living for himself and his family, including adequate food, clothing and housing.

Homelessness & Poverty: A Human Rights Violation!


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• European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR):– Art. 14: Non-discrimination rule– Art. 1 § 1 Twelfth Protocol: Every right

guaranteed by law must be enjoyable without discrimination.

Homelessness & Poverty: A Human Rights Violation!


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• In the cases of forced migrants homelessness and poverty are closely linked.

• Forced migrants are especially vulnerable because they live in a foreign country.

• The vicious circle of destitution for forced migrants is not a destiny but a consequence of human rights violations committed by States.

• Let‘s combine forces for denouncing Let‘s combine forces for denouncing these human rights violations!these human rights violations!

Conclusion


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Thank you for your attention!

homeless in a foreign country: destitute forced migrants

Documents

lack of residence status

lack of means

irregular migrants

poverty paris

european conference

european network

health visa

results of states policy