One month of hunger

How thirteen Sudanese asylum seekers starved their way to fairness.

Asylum seekers are often treated like criminals in the UK. Their claims are processed slowly, little effort is taken to ensure that translators are provided at key legal and medical briefings, and there is little or no pastoral help for those suffering the mental effects of torture and conflict in their own countries.

On 24 May thirteen Darfuri men at an immigration detention centre, named Campsfield House, went on hunger strike in protest of their treatment. Each with pre-existing health conditions which made the hunger strike incredibly dangerous, they continued on, refusing to take any nutrients or vitamins into their bodies until they were given the help which they needed to process their asylum claims, gained better treatment and were moved to safer institutions. They did not demand asylum, or threaten the UK should they not be immediately released, but they did ask for a safe resting place, legal representation and immediate healthcare.

Those with pre-existing health conditions, as diverse as HIV and gunshot wounds, were denied access to basic healthcare; legal assistance is minimal; and there is no reliable expectation about when detainees will be released.

Exactly one month later, with waning health and worrying weight loss, Malik, the last of the protestors, was released on bail awaiting his appeal hearing. Others remain in detention but, having been moved to other facilities, are willing to eat again.

These men represent just a handful of those held in detention without any idea of when they will be released; on 31 March 2012, of those in detention, 160 asylum seekers had been held for over a year. A Joint Committee on Human Rights report has pointed to a number of flaws in the detention system, showing that the hunger strikers are not alone in their discontent. The stories of the Campsfield protestors would resonate with many other detainees.

Malik was detained in the UK over six months ago, and was moved between Campsfield and similar centres in London. A Sudanese Arabic speaker with very little English, he could not communicate with his lawyer and was not provided with a translator. His case was dropped, without any member of the legal team or detention centre staff informing him. Legal representation must be properly provided to detainees before their cases can be listened to and they can regain the freedom which they have lost, often without crime.

Those facing a hearing on their asylum status are put in positions like Malik’s, unaware of their own circumstances and unable to influence their own situation. Mental instability and fragility can result from the circumstances under which they are held, combined with the tortuous situations from which they have fled. Detention centres are designed simply to house detainees, not to act as a welfare system for those facing mental health difficulties.

Asylum can only be granted to those who are in danger and any argument for full amnesty for asylum seekers would require far more space than we have here. Instead, this is a plea for the fair treatment of those who have sought help from our nation. In the words of the Joint Committee, those seeking asylum should be treated with “humanity and dignity”, not with strict bureaucratic allegiance. They should be helped and cared for as we would our own until the final verdict is offered. They should not be treated as criminals.

Malik’s release came as welcome news for protestors and supporters outside the camp, but this happy outcome is only a short-term victory. The stories of these men should serve as motivation to change the system of asylum which has been broken for years. These people and their month of hunger deserve to be remembered. These men starved for their fair treatment. For the sake of their, and other’s, human rights, dignity and justice, we need change.

UPDATE 28.06/2012 10.30 Malik is not the 'last of the protestors', as stated above. Two men remain on hunger strike in Harmondsworth Detention Centre, with one more having been released since Malik’s release. Finally, one man had to call off the strike for medical reasons but remains in Campsfield and continues to protest against his treatment.

 

Protestors at Dungavel Detention Centre in Edinburgh in 2005. The system has long been broken. Photo: Getty Images

Helen Robb reads PPE at Oxford University where she is deputy editor of ISIS magazine.

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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.