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Refugees: Tightening the Screw 75<br />

Perhaps in recognition of the ineffectiveness of deterrence, governments<br />

also endeavour to stop escape at source. Their main instrument is the<br />

requirement of visas. Visas are imposed when conditions in certain countries<br />

and areas deteriorate and cause people to flee. Sweden and then Norway<br />

imposed visas on Chileans in the late 1980s. Denmark imposed visas on<br />

Romanians in 1989. Belgium imposed visas on the main ‘refugee-producing’<br />

countries in 1986. France has imposed visa requirements on all non-EU<br />

nationals apart from the Swiss, and in 1991 it imposed in addition transit<br />

visa requirements on eleven ‘refugee-producing countries’: Albania, Angola,<br />

Bangladesh, Ethiopia, Ghana, Haiti, Nigeria, Pakistan, Somalia, Sri Lanka<br />

and Zaire. Britain placed visa restrictions on Sri Lankans in 1985 after the<br />

persecution of Tamils intensified. It then extended the requirement to India,<br />

Bangladesh, Ghana, Nigeria and Pakistan. From 1989, after 4,000 Kurds<br />

had applied for asylum on arrival in Britain, Britain required visas for Turkish<br />

nationals. Visas were imposed for Sierra Leone and Ivory Coast (Côte d’Ivoire)<br />

in 1994, and for Colombia in 1997, again as a result of the increase in<br />

refugees from those countries. In August 1999 the British government<br />

threatened to reintroduce visas for the Czech Republic, an aspirant EU<br />

member, when asylum applications rose from 55 in January 1999 to 150<br />

in June; Lord Bassam, Home Office minister, said many of them were Roma<br />

gypsies who, although they might well face discrimination at home, did not<br />

fill the criteria for refugees. After 56 Kosovars arrived at London’s Heathrow<br />

airport as transit passengers in March 1998 and tried to claim asylum there,<br />

a new category of transit visa was imposed, the direct airline transit visa<br />

(DATV); these are now applied to 14 other countries, including Turkey, Iran,<br />

Iraq, Somalia, Sri Lanka and Ethiopia. European Union members are now<br />

attempting to coordinate their visa policies.<br />

Having imposed visa requirements, governments enlisted airlines and<br />

shipping companies to help them enforce them, imposing fines if they failed<br />

to do so, under carriers’ liability legislation (see below). The British<br />

government employs airport liaison officers as a further aid to the detection<br />

of people who lack proper documents, and other European countries are<br />

following their example. The result is that it is now virtually impossible for<br />

refugees to travel legally to seek asylum in Europe. Article 31 of the 1951<br />

UN Convention on Refugees says the following:<br />

The Contracting States shall not impose penalties, on account of their illegal entry or<br />

presence, on refugees who, coming directly from a territory where their life or freedom<br />

was threatened in the sense of Article 1, enter or are present in their territory without<br />

authorization, provided they present themselves without delay to the authorities and<br />

show good cause for their illegal entry or presence.<br />

This article is being flouted by governments, which penalise refugees who<br />

arrive with false documents, for example by using this as a ‘reason’ for<br />

locking them up, and which publicly vilify refugees for being ‘illegal’.

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