Questions & Answers to the Home Office 2003
Contents

Q1.   Recognition of Arab as a separate ethnic group in the UK
Q2.   Blunkett proposal to extradite British nationals  
Q3.   Concerns of Iraqis on repatriation 
Q4.   NABA's and the attitude of the Commission for Racial Equality (CRE) 
Q5.   British Media Stereotyping of Arab 
Q6.   Home Office right to withdraw British nationality
Q7.   Arab representation in the UK
Q9.   Discrimination against Arab 
Q10. Palestinian asylum seekers in Scotland
         

 

Question 1

The size of the Arab Community in the UK is estimated at about 500,000;  why is it that they are not included as a separate group in ethnic profiling questionnaires issued by both government and private bodies.  Neither do the Office of Population Census include them as a separate group in the national census.  British Arabs are finding it increasingly offensive to always be classed as ‘other’ or, as our new generation now have to reply ‘mixed other’.
Surely it is now timely to recognise this large group.  In its present state it gives an impression of inequality if not, indeed, discrimination.  Adequate information from ethnic profiling would also enable us provide accurate information to governmental and non-governmental organisations on the conditions and needs of British Arabs in terms of health, education etc.

Answer to Q1

We are committed to monitoring along the lines set out by the Cabinet Office, which reflects the 2001 Census categories.  Some of the background to the ethnic group question that was adopted in the 2001 Census should be explained and the Office of National statistics (ONS) have provided the following information.

The wording of any question included in a self-completion questionnaire must enable the particular information that is required to be readily collected.  The form and wording of the question on ethnic group that was eventually included in the Census in England and wales was published in a Government White Paper in March 1999 and reflected a careful consideration of users’ requirements for information expressed over a lengthy period of consultation and of the response to census questions as determined by an extensive programme of small- and large-scale question testing, including a major test of all the census questions in April 1999.

The prime purpose of the ethnic group question is to identify areas with high levels of ethnic minority groups, which would help provide services and monitor racial disadvantage and social exclusion throughout England and Wales.  A major factor in considering  the form of the question was to be able to collect data comparable with that obtained from the 1991 Census question (which itself was devised after a long period of question testing) – and to that end the 2001 Census question had thus to be as comparable as possible.

Responses to the self-completion census question on ethnic group were entirely subjective and we issued no guidance on how individuals should have answered; thus there is no formal statistical definition of the term ‘Arab’ for Census purposes.

There are, as yet, no firm plans in progress for how we will tackle the data collection of ethnicity or national identity in the next Census.  However, the National Statistician is very keen that we start work on this early and that we do not become too constrained by what has gone before.  ONS recognises that the current 2001 Census questions are not perfect and we would want seriously to consider some of the concerns that have arisen as a result of these including, for example, the desire by some to have an ‘Arab’ tick-box on the ethnicity question.  We also recognise that ethnicity is an ever-changing concept and we want to reflect the contemporary nature of British society.  However, a very important issue is always comparability over time, and this too has to be given serious consideration.

ONS recognises that ethnicity is multifaceted and the current National Statistics practice is to collect as much information as possible on associated factors.  For example, our Labour Force Survey has questions on national identity, ethnic group, religious affiliation, country of birth and nationality.

It is also the National Statistician’s view that we should test the proposed questions for any 2001 Census questions (when they are determined) in a major survey, such as the LFS, before they are asked in the Census itself.  In the meantime National Statistics guidelines on the measurement and collection of ethnicity data will be published on the ONS website in due course.  They will reflect the need for a balance between the prime requirement for comparability with the 2001 Census while, at the same time, acknowledging the fact that classifications are never set in stone. ONS recognise that further research is needed to improve understanding of a range of related issues, such as language and religion.

Once a firm decision to proceed with a census in 2001 has been made, arrangements will be put in place for consultation with a wide range of users on the form and content of the questions to be included, using similar criteria that were adopted in designing the 2001 Census.  These were that:

·           there is a clearly demonstrated need for the information;

·           users’ requirements cannot adequately be met by information from other sources;

·          the questions should be shown, in tests, to have no significantly adverse effect on the Census as a whole, particularly the level of public response; and that

·          practicable questions can be devised to collect data that are sufficiently accurate to meet users’ requirements.

         Such consultation would be unlikely to start until later in 2004 or 2005.  Any case made for including a separate ‘Arab’ category in any ethnic group question will be carefully assessed against these criteria.

 In the meantime, it may be helpful to know that write-in responses of ‘Arab’ from the 2001 Census were separately coded and ONS can provide details of counts of such response through commissioned output.  Furthermore, it is likely that some details will be published in a forthcoming ONS Focus Report on Ethnicity and National Identity, which is planned for publication in Autumn 2004.

 Additionally the Census included a question on country of birth, and it may be that information from this could also be used to make an assessment of the size of the ‘Arab’ population in this country, although, of course, this will not identify persons born in this country of Arab parentage.

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Question 2

There have been recent reports in the media that David Blunkett has recently signed an agreement that would allow British subjects to be extradited to other countries, and in particular America which is not signatory to the same type of Human Rights or legal systems that we enjoy in Europe, without the need for satisfactory evidence against them.  This has led to an enormous deal of disquiet among British Arabs (in addition to Arabs living in the UK who are not currently UK citizens).  Given the parlous state of affairs in the Arab world currently, they believe that they will be unfairly targeted.  Can you please give us clarification on this.

Answer to Question 2

No person can be extradited unless it is compatible with the European Convention on Human Rights within the meaning of the Human Rights Act 1998, including the rights to a fair trial.  The United Kingdom cannot extradite to a country in which a person could face a death sentence for the offence concerned unless the Secretary of State receives a satisfactory assurance that such a sentence will not be imposed or, if imposed, will not be carried out.  The Extradition Act passed in November 2003 remains consistent with this position.

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Question 3

There is very real concern among Iraqi Arabs who were given indefinite leave to remain in the UK, and those whose applications for either asylum or indefinite leave to remain were frozen at the outset of the War, will now be forcibly repatriated.  Given the ongoing chaos within Iraq we believe that this move is inhumane.  It will be several years before the conditions in that unfortunate country stabilise and to repatriate Iraqi citizens under these circumstances goes against the concept of the Human Rights treaty to which the UK is now a signatory.

Answer to Question 3

Considerations of asylum applications from Iraqi nationals and the hearing of first tier appeals was suspended on 20 March 2003 because with the onset of military action and the rapidly changing country conditions there was insufficient information to make fully informed decisions.  We monitor the situation in Iraq very closely, and while we accept that there are security and humanitarian concerns in some areas, the threat of persecution from Saddam Hussein’s regime no longer exists.  We did not want to keep applications on hold longer than necessary, particularly given the uncertainty this creates for the individuals concerned, and the consideration of applications and listing of appeals therefore resumed on 16 June 2003, as soon as we had sufficient information to make informed decisions. As with asylum applications from all nationalities, each case is considered individually, on its merits, and applicants have the right to appeal against a negative decision.

Iraqis who were granted 4 years exceptional leave to remain before 20 February 2003 will be entitled to apply for indefinite leave to remain at the end of that period; there are no plans to withdraw their exceptional leave.  The relatively few applicants who were granted 6 months exceptional leave to remain between 20 February and the suspension of decision making on 20 March are subject to individual review following the 6 month period.

We do not currently endorse returns to Iraq and enforced returns will only commence when necessary agreements and practical arrangements are in place.  Iraqi nationals can return to Iraq of their own volition.  Initially, for people who are keen to return, the emphasis will be on spontaneous voluntary returns through the Voluntary Assisted Return and Reintegration Programme run by the International Organisation for Migration.  As conditions improve, we will move to organised assisted voluntary returns which will be available to failed asylum seekers and others who wish to return to Iraq, including those who applied for or received protection before the military action took place.

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Question 4

The Commission for Racial Equality has a Board of Commissioners which consists of between 10-12 people.  Why is the Arab Community not represented.  Repeated requests to the CRE (other than a positive meeting with Mr Kurshid Ahmed then acting chair) have been rebuffed and we are offered only the services of an officer who deals with ‘Muslims’.  We have always been at pains to point out to governmental bodies, and to the CRE, that Arabs consist not only of Muslims, but also Christians (several sects) and secular.  This has been a point of contention with all the major political parties and, in particular the current government who, when there is any form of emergency, particularly in the Middle East, call in Muslim representatives.  These are invariably members of the Asian community and do not speak for the large Arab community within the UK.  We find it is extremely insensitive for the continuing lack of recognition, particularly from the CRE from whom we would expect better.

Answer to Question 4

The Government is committed to seeing a truly diverse society in which all communities can not only feel safe and welcome but also have the opportunity to contribute fully to society.  When we talk about communities, we appreciate that there are different levels of crossover between ethnic, racial, religious and national identities.  The British Arab community, whose contributions to society today we value as highly as we do Arabs’ wider historical contributions, are in no way treated as a homogenous group, but it is noted that issues of concern to British Arabs are often of similar concern to Muslim communities.  The Commission for Racial Equality (CRE) have supplied the following information:

CRE commissioners are appointed by the Home Secretary on the basis of skills and experience rather than ethnic or racial group.  The role of the CRE has not traditionally been a representational one and indeed it would not be possible for the board of commissioners to represent each of Britain’s different ethnic groups.  However, as part of its ongoing reorganisation the CRE is looking at how it can best define ethnicity to reflect diverse communities and recognise that, as the nature of Britain changes, so must the work of the CRE and Government.

We understand that the CRE offered NABA a meeting with their Chief Executive, who also deals with Muslim issues but whose interests and responsibilities span the whole work of the Commission.  The recognition that despite the many differences there are some common areas of experience between Arabs and Muslims, reflecting the large proportion of Arabs who are Muslim, should not be seen as drawing equivalence between the two.

Following international reorganisation the individual within the CRE who is not dealing with NABA case is Dharmendra Kanani, director of countries, regions and communities.  We understand that he has offered NABA a meeting.

The CRE would be very happy to meet with and consult the Arab communities in Britain and look forward to a productive dialogue with them.  The CRE has already been talking regularly to a councillor in Westminster within whose constituency lies part of Edgware Road and contains a sizeable Arab population and he has brought many issues of concern to their attention.

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Question 5

British media, with only a few exceptions, continues to show a very biased portrayal of Arabs.   They are represented variously as fanatics, terrorists, white-slavers, lascivious oil sheikhs, illiterate Bedouins etc.   Thousands of years of culture are completely ignored as is the presence of a large urban, educated population.  My own country, Iraq (in better times) had equality of sexes in the medical, dental, engineering schools at a time when it was still rare in the UK.  British Arabs try to give their children, who in the main feel no ambiguity in their dual culture, a semblance of their rich heritage which is continuously abused by the media.

Answer to Question 5

The Government shares your concern that misleading representations of minority groups, and Arabs in particular, are still seen in our media and that more positive representations would contribute not only to British Arabs’ feelings of security in this country but also to a more tolerant society which benefits us all.  This need to ensure fair representation and to protect communities must at all times be balanced against the strong tradition of freedom of expression.  The Department of Culture, Media and Sport have supplied the following information:

Broadcasting

The Government believes that because broadcasting is a powerful medium, it is important for social cohesion that it reflects the multicultural society of the United Kingdom.

This aim is being taken forward by the cross industry initiative, the Cultural Diversity Network (CDN).  The aim of the CDN is to modernise the portrayal of ethnic minorities in mainstream programming so that racial diversity on and behind screen reflects today’s multicultural Britain.  It will do this by establishing targets, policies and timetables for full inclusion to be achieved in employment and professional services, casting and portrayal on screen, content creation and development, programme production, distribution and promotion and in financing and training of ethnic minority individuals and the development of ethnic minority production companies.

The following are members of the Network:  Carlton Television, ITV Network Centre, the BBC, Channel 4, BSKYB, Channel 5, GMTV, United News and Media, Granada Media Group, ITN, trade organisations PACT and WFTV, the Independent Television Commission, the Film Council, Broadcast Standards Commission and British Screen Advisory Council (BSAC).

The Communications Act also contains provisions placing a duty on OFCOM to take appropriate steps for promoting equality of opportunity and training, and for OFCOM to include appropriate conditions in broadcasting licenses, requiring licensees to make arrangements for promoting equality of opportunity.

The Government considers that it is important that broadcasters have a diverse workforce, as we believe that a greater representation behind the screen will ultimately lead to better representation on our television screens.

As you may be aware, under our current broadcasting arrangements responsibility for what is broadcast on television and radio, both in content and scheduling, rests with the broadcasters and the organisations which regulate broadcasting – the Governors of the BBC, the Independent Television Commission (ITC), the Welsh Fourth Channel Authority (S4C) and the Radio Authority.  The Broadcasting Standards Commission also acts as a forum for public concern.  They are all independent of the Government and responsible for safeguarding the public interest in broadcasting.

It is important that the views of the public are brought to the attention of these bodies.  A brochure ‘Complaints about television and radio programmes and advertisements’ available from the Department of Culture, Media and Sport explains the roles of the different regulatory bodies, and how you can contact them to let them know your concerns about television standards.  DCMS can be contacted at enquiries@culture.gov.uk or 020 7211 6200.

Press

The Government believes that a free press is vital in a democracy, and it would not, therefore, seek to intervene in decisions about what a newspaper or magazine chooses to publish.  Of course, with that freedom comes responsibility, and they are bound by the laws that bind us all, including, for example, the Race Relations Act 1976.

They also choose to restrict their freedoms further by agreeing to abide by a Code of Standards, overseen by the Press Complaints Commission.  The Code contains a clause which bans prejudicial or pejorative mention of a person’s race, colour, religion, etc.  Full details on the Code are available from the Press Complaints Commission at 1 Salisbury Square, London, EC4Y 8JB or from their website at www.pcc.org.uk.  The Commission will normally only deal with complaints from those directly involved in a story but, in exceptional circumstances, (if, for example, they feel that someone is unable to complain themselves) they act of their own volition to investigate a case, often prompted by a letter from a member of the public.

Freedom of expression may mean that articles of which we do not approve and with which we do not agree will be published.  It is important that we bear in mind that newspapers are private enterprises run only for their readers; readers should let newspapers know when they disagree with a particular story, or editorial slant.  In this context, the Code also contains a clause stating that an opportunity to reply must be given to individuals or organisations when reasonably called for.

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Question 6

We would like to register our concern with the new policy that gives the Home Secretary the right to withdraw British passports from British subjects with dual nationality if they believe the person is a threat to national security.  We believe this is a draconian measure and against basic human rights.  It also takes away the sense of citizenship for people with dual nationality who will be treated differently.  There must be the same law for all citizens and not a separate law for people with dual nationality.  If you break the law, you should be judged in the court under the law of the land rather than it being in the power of the Home Secretary to remove citizenship.

Answer to Question 6

The Law

Section 4 of the Nationality, Immigration and Asylum Act 2002 came into force on 1 April 2003, and makes new provision about deprivation of citizenship.  There are now two possible grounds for deprivation:

            ·   that the individual in the first place obtained our citizenship by deception;
    or
·   that the person has done something seriously prejudicial to the vital interests of the United Kingdom or of a British overseas territory.

Deprivation cannot proceed on the second  of these grounds if the effect would be to leave the person concerned without any  nationality or citizenship.  (Potential statelessness is not an obstacle to deprivation on the first ground mentioned above).  Liability to deprivation is otherwise extended to all classes of British national, including those who are British by birth.

A right of appeal against the decision to deprive lies initially to an adjudicator or, where it is necessary to prevent the disclosure of sensitive information, to the Special Immigration Appeals Commission.  Appeals may from there proceed to the higher courts, but only with the permission of the relevant appellate body and only where a point of law is at issue.  Deprivation of citizenship cannot take effect until all options for appeal have been exhausted.

Human Rights

The right to acquire a nationality which is proclaimed by Article 7 of the UN Convention on the Rights of the Child is not specific either as to the circumstances in which the right will exist or as to the State which should bear responsibility for ensuring that the right is respected.  Because of this uncertainty the United Kingdom continues to maintain a reservation on the extent to which it agrees to be bound by that Convention.  However, British nationality law is fully consistent with the UN Convention on the Reduction of Statelessness.

The European Convention on Human Rights does not, in terms, proclaim any right to acquire or to retain a nationality.  Nor, in our view, is it necessary that a person should be able to retain or acquire British nationality in order to avoid a breach of his or her ECHR rights.  To the extent that ECHR Article 6 (2right to a fair trial”) is applicable in this context, we believe that its requirements are satisfied by the provisions in the British Nationality Act 1981 and elsewhere relating to appeals.

There will, of course, be some cases where the deprivation of British nationality will result in loss of a previously-acquired right of abode in this country.  The effect will therefore be to make the individual subject, once again, to United Kingdom immigration control, and raises the possibility that he or she might be deported or removed from the United Kingdom.  Deportation or removal following deprivation of nationality would be a separate issue giving rise to a separate right of appeal.  Human rights considerations would, of course, inform any decision on deportation or removal, and the affected individual would have the opportunity to raise these matters on appeal.

Position of dual nationals

The proviso about potential statelessness in relation to deprivation on the grounds of seriously prejudicial conduct reflects the United Kingdom’s international obligations.  To withdraw citizenship for this reason, with the result that the person concerned was left without any nationality or citizenship, would be inconsistent with the spirit, if not the letter, of the 1961 UN Convention on the Reduction of Statelessness.  It would also be inconsistent with Article 7 of the European Convention of Nationality, which we hope to ratify in due course.  International law places no such obstacle in the way of deprivation on the grounds that citizenship was obtained by fraud or the concealment of relevant information, arguably because in those circumstances citizenship should not have been acquired in the first place.

We recognise, of course, that for most if not all actions that would give rise to liability to deprivation of citizenship there is provision in the criminal law for the application of a penal sanction.  However, this country has a tradition, shared with others such a France, Spain and the USA, of providing in its law for deprivation of citizenship as an additional sanction against acts of treason and subversion.  The purpose is not necessarily to punish the individual (although, inevitably, there is a punitive effect).  Rather, it is to afford a higher level of protection to the public (for example, by paving the way for deportation or detention under the provisions of the Anti-Terrorism, Crime and Security Act 2001) and/or, in the most serious cases, to convey public abhorrence at what the individual had done such as could not be adequately conveyed by any sanction provided for in the criminal law along.

The Home Secretary gave notice on 4 April 2003 if his decision to deprive Abu Hamza of his British citizenship on the grounds that certain aspects of Mr Hamza’s conduct had been seriously prejudicial to the vital interests of the United Kingdom.  Mr Hamza’a appeal against that decision is now before the Special Immigration Appeals Commission.  It would not be appropriate to comment further whilst the appeal remains undetermined.

We regard the deprivation of citizenship as a very serious step to be contemplated only in the most flagrant cases of deception or disloyalty.  It will be reserved, as it has been in the past, for cases in which the individual’s actions were totally incompatible with the holding of British nationality.

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Question 7

Why are Arabs under-represented in the government and public service sector.  Neither has a single member of the Arab community been appointed to the House of Lords.  Considering their size, this places the Arab Community at a disadvantage in the public eye and gives the impression of being irrelevant and marginalized.  It also alienates members of the Arab community and in particular the younger generation and deprives them of role models as well as hopes and aspirations to public office.  When will the government rectify this by appointment members of the Arab Community to represent it in the House of Lords, particularly given that the Arabs represent about one in every 110 of the population?

Answer to Question 7

A civil service that better represents our diverse and dynamic society is a more effective civil service.  We recognise that some groups are under-represented and are keen to address this as well as ensuring that recruitment, retention and training policies are not discriminatory.  A civil service recruitment outreach team organises a number of outreach programmes and events that develop under-represented groups’ understanding of the civil service and the career opportunities it can provide.

Recognition of success and achievement within the Arab community is important and nominations for Honours from amongst all minority communities must be encouraged.  We need similarly to encourage members of the Arab community to take opportunities to contribute to public life through public appointments.

All public appointments are made on merit, are subject to open competition and applications are encouraged publicly via a diverse range of publications.  Each applicant is judged against the same set of particular specifications for that appointment.  An independent assessor takes part in all appointment panels to ensure a fair result.  The Office of the Commissioner for Public Appointments has responsibility for this policy.  We understand that the current Commissioner is particularly involved in raising awareness of public appointments in order to promote diversity and has spoken publicly to Arab groups amongst others.

Party membership of the House of Lords is a matter for the political parties.  The appointment of crossbench peers is dealt with through an open process by an independent commission.  This House of Lords Appointments Commission welcomes nominations from people who will broaden the expertise and experience of the House as well as reflect greater representation of the diversity of the people of the United Kingdom.  The Commission is committed to independent and fair assessment of nominations.  Its recommendations will be made on individual merit and not on the basis of age, disability, gender, martial status, sexual orientation, background, race, colour, ethnic or national origin.  Further details are at; www.lorsdappointments.gov.uk

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Question 8

There is considerable prejudice against Arabs in the professional sectors.Why?

Answer to Question 8

The Government is committed to tackling discrimination in the workplace across different sectors.  There is already evidence to show that the benefits for business are considerable.  Tackling discrimination helps to attract, motivate and retain staff.  It helps employers make the best use of skills and experience and can lead to a more diverse workforce, new ideas and access to wider markets.

With the implementation as of 2 December 2003 of the European Employment Directive (Religion or Belief), the Government is introducing rights in new areas because unfair discrimination has such a damaging impact on people’s lives.  The new legislation makes discrimination in the workplace on the grounds of someone’s religion or belief unlawful.  This will help to ensure that people can no longer be denied jobs because of prejudice; that harassment can be tackled promptly and effectively and that people have an equal chance of training and promotion.  We want employers to recognise that people are their most valuable resource.

Existing legislation offers protection against discrimination in employment, including the Race Relations Act 1976 and amendments which make it unlawful to discriminate on grounds of colour, nationality (including citizenship), and national or ethnic origin.  The continuing challenge is to ensure that this legislation is enforced, respected and has due recognition from those who could benefit from it.

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Question 9

Do local authorities, the Police and the Home Office keep records of racially motivated attacks against members of the Arab Community?  If so, what the figures since 2 August 1990 and especially after 11 September 2001?  Is the trend going down?  What actions have the Government, the Home Office and the Police, as well as the local authorities, taken to reduce such attacks?

Answer to Question 9

Neither the Home Office nor the police hold statistics of this kind.  But we are, of course, very much aware of the deep anxiety racially-motivated attacks cause to the Arab community, particularly at a time when, following the September 2001 terrorist atrocities in the United States and the current difficult situation in the Middle East, it is inevitably feeling vulnerable.  The police and security services will work closely with representative bodies from any community that feels concern for its security.

We introduced in the Crime & Disorder Act 1998 nine new racially-aggravated offences which carry higher maximum penalties where there is evidence of a racist motive or racial hostility in connection with the offence.  The offences include assaults, verbal abuse, harassment and criminal damage.

Part III of the Public Order Act 1986 contains specific incitement to racial hatred provisions.  In this context and that of the Crime & Disorder offences above ‘racial hatred’ is defined as hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.

In the context of the terrible events of 11 September 2001 the Government introduced new religiously-aggravated offences in order that members of the religious groups, such as Muslims and Christians, might be offered similar protection.  These offences, which were introduced by the Government as part of the Anti-Terrorism, Crime & Security Act 2001.  Both these and the racially-aggravated offences are intended to offer protection to anyone who is the victime of, for example, harassment or assault simply because of their membership of a racial or religious group.

The Home Office is committed to developing a police service which has the trust and confidence of all communities.  The Diversity Directorate of the Metropolitan Police Service is instrumental in this effort.

The Association of Chief Police Officers (ACPO) have a commitment to train all frontline staff in Community and Race Relations Issues.  Any specific race or religious issues would be addressed as part of this commitment.

In September 2000, ACPO published Breaking the Power of Fear and Hate – a Guide to Identifying and Combating Hate Crimes.  The document draws together lessons learned from previous investigations and provides practical advice for front line officers on how to deal with this form of crime.  The Guide was updated in June 2002.

A Racist Crime and Harassment Toolkit has been published on the Crime Reduction website.  This provides guidance for crime reduction partnerships on tackling racist anti-social behaviour.

The provision of community and race relations training to the police service is being delivered under a two pronged strategy:  by ensuring that CRR is integrated throughout the national police training curriculum: and, by means of a programme of force based training and support to put community and race relations firmly in the operational context in which officers and civilian staff work.

The Home Secretary’s Action Plan in response to the Stephen Lawrence Inquiry Report gave ACPO a commitment that all police officers should be trained in racism awareness and cultural diversity.  Over the last three years Centrex, on behalf of ACPO, have worked through their training curriculum to ensure that all courses they deliver contain an element of racism awareness.  This work is continuing and is supported by specialist consultants.  Also, new occupational standards for CRR were launched in April 2001 following pilots over the previous year.  These enable forces to benchmark training design and delivery, as well as providing guidance to forces on how to provide a professional and effective service to minority ethnic communities.

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Question 10

We have a good number of Palestinian asylum seekers in Glasgow and elsewhere in the UK who have their applications for asylum delayed because of some uncertainty surrounding the status of Palestinians. The reason being a British law passed in 1952 that categorises the Palestinians in a special way.  We were told that this issue was being discussed at the Home Office and a resolution was expected some six months ago. To-date the issue is still outstanding. 

Answer to Question 10 

Applications for asylum from Palestinians are dealt with in accordance with the published Home Office Asylum Policy Instruction (API) on Applications for Asylum from UNRWA-assisted Palestinians (Article 1D of the Refugee Convention).  This API is available publicly on the IND Website at: http://www.ind.homeoffice.gov.uk/default.asp?Pageld=3251

The majority of asylum applications from Palestinian refugees are treated in the same way as asylum applications from other nationalities.  They are considered without discrimination on their merits and, unless the applicant may reasonably have been expected to seek asylum in a third country, or the Dublin Convention applies, full refugee status is granted when the applicant fulfils the criteria of the 1951 United Nationals Convention relating to the Status of Refugees.

Although a minority of Palestinian refugees may fall within the exclusion clause 1D of the Refugee Convention because they were receiving protection or assistance from UNRWA when the Refugee Convention was signed on 28 July 1951, the vast majority of Palestinian asylum seekers in the UK are not excluded by Article 1D.  This is because they were either born after 1951 or, if living in 1951, were not receiving assistance from UNRWA.

When an applicant is covered by Article 1D, he/she is excluded from the scope of the Refugee Convention for so long as UNRWA continues to operate.  Accordingly, an asylum claim from such an applicant would fall to be refused on the ground that he is not a Convention refugee.  This would be so even where the applicant could show a well-founded fear of persecution on one of the five Convention grounds.

Consideration is given in the normal way as to whether the applicant qualifies for Humanitarian Protection or Discretionary Leave.  Someone who had a well-founded fear of persecution but was excluded from being a refugee by Article 1D would almost certainly qualify for leave to remain under the Humanitarian Protection Provisions.

For Palestinian asylum seekers, fear of persecution is assessed in relation to the applicant’s country/region of former habitual residence (eg Lebanon, Syria, Jordan, the West Bank or Gaza), as they have no country of nationality.  An asylum claim from a Palestinian may be accompanied by a claim to stay in the UK on the basis that he/she is stateless.  However, there is no provision in the Immigration Rules for allowing a person to stay on this basis alone.

Palestinians who are granted refugee status in the UK are entitled to the same benefits and socio-economic rights as other recognised refugees.

There has in the past been a hold on the consideration of asylum applications from Palestinians, related to the correct application of Article 1D of the Refugee Convention, but that issue being resolved, by 2002 the hold was lifted.

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