| Jose Maria Jones, the
pioneering activist against the ‘German pass law’ the Residenzpflicht,
is facing the ultimate punishment for his actions - deportation to face
torture and death in Sierra Leone. The punishment recommended by the authorities
for his opposition to the Residenzpflicht - the ‘exclusion order’ becomes
active now that his asylum case has been rejected at the courts. The draconian
Residenzpflicht law, introduced in 1982, is a sharp example Germany’s notorious
policy of socially isolating refugees. This law, which is similar in content
to the pass laws during apartheid in South Africa is unique to Germany
and restricts the movement of refugees to one police area.
In early 1999, soon after he arrived
in Germany, Jose Maria Jones, travelled with a delegation of refugees and
their allies in a ‘mini-caravan’ tour through several parts of Germany.
With great energy he not only expressed the brutality in Sierra Leone and
the need for a ‘war crimes tribunal’ but also the inhuman conditions he
and others had to face in the refugee camps in Germany. The group were
stopped and checked by the police three times in Bavaria, for no other
reason other than the skin colour of the delegation members. The car and
the occupants were thoroughly searched with the police paying special attention
to the political leaflets defending the rights of refugees in Germany.
Jose Maria was found to breaking the Residenzpflicht law. Several months
later, the foreigners police in Wartburgkreis where Jose Maria lived took
the unprecedented step to issue him with an exclusion order - to leave
Germany.
The authorities justify the ‘exclusion
order’ arguing that Jose Maria is a ‘danger for public security’, that
his ‘criminal energy’ is a ‘bad example’ for other refugees. And that only
an ‘exclusion order’ could have the general preventive deterrent effect
on other asylum seekers. And that it is this punishment that can deter
future potential ‘first offenders’.
Bad example or good example?
The German authorities’ declared
intent to make an example of Jose Maria did not terrorise him into submission.
He decided to fight back openly and politically, rising to the challenge
put to him by the German state. For Jose Maria, a political activist with
deeply held beliefs, it was not possible to do otherwise. In this way,
by his personal example, he was sending a message to all asylum seekers
- don’t be intimidated - stand up against this unjust law. As a result
the authorities have yielded the bitter harvest of making an example of
Jose Maria Jones.
The snowball effect has meant that
during the past three years an upsurge of political resistance against
the ‘Residenzpflicht’ has emerged. Various refugee organisations have come
together to hold protest actions at a national scale. Several individual
refugees have publicly fought their ‘Residenzpflicht’ cases in the courts
- with considerable success.
The empire strikes back
However, the general situation regarding
the rights of refugees in Europe has dramatically worsened in the recent
period - specially after the ‘September 11th’. Britain and Germany are
pushing Europe to dismantle asylum rights, stop refugees entering Europe
and push out those who are here. As Tony Blair, proposes armed Naval force
to intercept refugees fleeing war, persecution and starvation, Germany
shows its prowess at internal pressure on we who are here to isolate us
and pressurise us to such an extent that they hope we will leave on our
own ‘free will’! True to form, while island Britain proposes the importance
to ‘rule the waves’ (and drown the refugees?) Germany shows the effectiveness
of efficient implementation of regulations, laws, categorisations, encampment,
and isolation. So much so that draconian policies like Germany’s ‘Residenzpflicht’,
which were earlier frowned upon by other European countries, are now being
seriously considered for adoption by some of them. It is under these conditions
that the German authorities are showing renewed confidence to attack those
like Jose Maria Jones and Richard
Ndika Ndakwe who have made a stand, to expose its inhuman policy of
socially and politically isolating refugees.
For decades the German government
has been systematically isolating us, by putting us into camps in the middle
of forests and hemming us into these accommodations by various laws and
regulations effectively sealing us from German society. The only legal
way to leave the ‘landkreis’ (the police area) is to ask, well in advance,
for permission from the ‘foreigners police’ authority assigned to you.
This local ‘foreigners police’, which is charged by the government of controlling
us and implementing its policy has incredible power over almost every aspect
of our lives. It is easy to understand that the officials who end up working
in such places have a more anti-foreigner and right-wing politics than
general society. The fact that Jose Maria, has, from the outset systematically
and practically opposed every aspect of this isolation policy, and has
fought to unite refugees from different countries and promoted integration
from German society and not isolation, has no doubt angered certain individual
officials in the foreigners police in Wartburgkries. But the fact that
an individual official in the office of a foreigners police in a provincial
town in the eastern part of Germany can through vindictiveness assert that
Jose Maria Jones should be thrown out of Germany only because of his political
example shows the ultimate consequence and the aim of the isolation policy
- deportation.
For all refugees it is critically
important to defend Jose Maria Jones. The risk and the sacrifice he has
made with his pioneering struggle against the Residenzpflicht to promote
our rights has to be appreciated. The serious setback for fight against
the Residenzpflicht must be prevented.
Jose Maria has the right!
Here to stay - Here to fight!
|
Fax
campaign
Please take decisive action to support José Maria Jones and
his struggle against the Residenzpflicht. Send protest faxes to the responsible
authorities:
Federal Ministry of Interior, Otto Schily
Faxadress: (+49 1888) 681-2926
Please send a copy to the International Human Rights Association: (+49
421) 498 72 76
Come to the hearing and attend the demonstration in front of the Amtsgericht
in Eisenach, Theaterplatz 5, 99817 Eisenach 1pm, Wednesday 24th July, 2002. |
|
| The Wartberg authorities say that Jose Maria should
be deported because he is a ‘danger to public security’, that his ‘criminal
energy’ is a ‘bad example’ for other refugees.
So, what is Jose Maria’s crime?
Is it a crime for Jose Maria to use every opportunity to go to different
parts of Germany to talk to those concerned with Human Rights about the
situation in Sierra Leone?
Is it a crime to promote the setting up of a War Crimes Tribunal in
Sierra Leone?
Is it a crime to speak about the diamond trade controlled by western
countries that fuel the military attrocities in countries like Sierra Leone?
Is it a crime for Jose Maria to participate in political activities
in different German cities to promote the rights of refugees in Germany?
Is it a crime to try to break the isolation faced by refugees of being
forced to live in forests with no contact to German society? |
Even the simplest human
activity is converted into a crime!
Jose Maria lives in a refugee camp in Grossensee in Thüringen
in the East of Germany. If, for example, he wants to visit a friend living
in Raßdorf, a neighbouring village, situated only 100 Meters away
(but in another district) he has to first travel to Bad Salzingen which
is 32 kms away, in order to request his ‘foreigners police’ for permission
to walk to the neighbouring district. The train fare to get permission
costs him 35 DM, and then he must pay 15 DM more to the ‘foreigners police’
for them to issue a travelling permission. This he has to pay from the
80DM an asylum seeker gets per month! In fact, when he plays football,
with his friends from the camp, if the ball rolls over the district border,
they are forced to ask a German passer by to bring the ball to them as
they are afraid that a passing police patrol might confront them! |
The humiliation of isolation
or integration based on respect and understanding?
Over the past 3 years Jose Maria has confronted the authorities repeatedly
to improve the situation of the people living in his camp - he protested
against discrimination in local super- markets, against the denial of proper
medical treatment and tried to set up German language courses for refugees. |
Support from his friends
in Bremen
Jose Maria has, because of his continuos engagement about Seirra Leone
and for refugee rights made many contacts with progressive and humanitarian
organisation. Because of the close work with the Internationaler Menschenrechtsverein
Bremen he has had a special relationship to Bremen. His friends in Bremen
has worked with him to assist him to get a crash course in German and computer
training so that he can more efficiently do his human rights work. The
latest charge against him is that he had broken the Residenzpflicht to
participated in a German language and computer course in Bremen at the
DAB (Dachverband ausländischer Kulturvereine Bremen)! Jose Maria,
like many refugees who have fled persecution has psychosomatic illnesses
due to traumatic experiences in his home country. In order for him to try
to work through the trauma, Refugeo in Bremen was willing to help him but
this has been refused by the authorities in Thuringen. |
The residenzpflict criminalises
us all!
This law gives power to the Neo-Nazis!
Any one of us can be checked by the police, whether or not we are outside
our district (landkries). For anyone witnessing this control it appears
that the foreigner has done something criminal. Every time a foreigner
is checked by the police because of the Residenzpflicht law, the main political
slogan of the of the Neo-Nazis, criminal foreigner is given substance to.
Further, as Germans cannot break the residence law, this makes the criminal
statistics biased sharply against foreigners, again giving substance to
the Neo-Nazi propaganda slogan of ‘Criminal Foreigners’. |
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