country:united states

  • MoA - June 04, 2019 - Tiananmen Square - Do The Media Say What Really Happened ?
    https://www.moonofalabama.org/2019/06/tiananmen-square-do-the-media-say-what-really-happened.html


    Le bloggeur Moon of Alabama (#MoA) et un commentateur de son article nous rappellent qu’il y a des informations fiables qui démentent le récit préféré en occident à propos des événements du square Tiananmen il y a trente ans.

    Since 1989 the western media write anniversary pieces on the June 4 removal of protesters from the Tiananmen Square in Beijing. The view seems always quite one sided and stereotyped with a brutal military that suppresses peaceful protests.

    That is not the full picture. Thanks to Wikileaks we have a few situation reports from the U.S. Embassy in Beijing at that time. They describe a different scene than the one western media paint to this day.

    Ten thousands of people, mostly students, occupied the square for six weeks. They protested over the political and personal consequences of Mao’s chaotic Cultural Revolution which had upset the whole country. The liberalization and changeover to a more capitalist model under Deng Xiopings had yet to show its success and was fought by the hardliners in the Communist Party.

    The more liberal side of the government negotiated with the protesters but no agreement was found. The hardliners in the party pressed for the protest removal. When the government finally tried to move the protesters out of the very prominent square they resisted.

    On June 3 the government moved troops towards the city center of Beijing. But the military convoys were held up. Some came under attack. The U.S. embassy reported that soldiers were taken as hostages:

    TENSION MOUNTED THROUGHOUT THE AFTERNOON AS BEIJING RESIDENTS VENTED THEIR ANGER BY HARASSING MILITARY AND POLICE PERSONNEL AND ATTACKING THEIR VEHICLES. STUDENTS DISPLAYED CAPTURED WEAPONS, MILITARY EQUIPMENT AND VEHICLES, INCLUDING IN FRONT OF THE ZHONGNANHAI LEADERSHIP COMPOUND. AN EFFORT TO FREE STILL CAPTIVE MILITARY PERSONNEL OR TO CLEAR THE SOUTHERN ENTRANCE TO ZHONGNANHAI MAY HAVE BEEN THE CAUSE OF A LIMITED TEAR GAS ATTACK IN THAT AREA AROUND 1500 HOURS LOCAL.

    There are some gruesome pictures of the government side casualties of these events.

    Another cable from June 3 notes:

    THE TROOPS HAVE OBVIOUSLY NOT YET BEEN GIVEN ORDERS PERMITTING THEM TO USE FORCE. THEIR LARGE NUMBERS, THE FACT THAT THEY ARE HELMETED, AND THE AUTOMATIC WEAPONS THEY ARE CARRYING SUGGEST THAT THE FORCE OPTION IS REAL.

    In the early morning of June 4 the military finally reached the city center and tried to push the crowd out of Tiananmen Square:

    STUDENTS SET DEBRIS THROWN ATOP AT LEAST ONE ARMORED PERSONNEL CARRIER AND LIT THE DEBRIS, ACCORDING TO EMBOFF NEAR THE SCENE. ABC REPORTED THAT ONE OTHER ARMORED PERSONNEL CARRIER IS AFLAME. AT LEAST ONE BUS WAS ALSO BURNING, ACCORDING TO ABC NEWS REPORTERS ON THE SQUARE AT 0120. THE EYEWITNESSES REPORTED THAT TROOPS AND RIOT POLICE WERE ON THE SOUTHERN END OF THE SQUARE AND TROOPS WERE MOVING TO THE SQUARE FROM THE WESTERN SIDE OF THE CITY.

    The soldiers responded as all soldiers do when they see that their comrades get barbecued:

    THERE HAS REPORTEDLY BEEN INDISCRIMINATE GUNFIRE BY THE TROOPS ON THE SQUARE. WE CAN HEAR GUNFIRE FROM THE EMBASSY AND JIANGUOMENWAI DIPLOMATIC COMPOUND. EYEWITNESSES REPORT TEAR GAS ON THE SQUARE, FLARES BEING FIRED ABOVE IT, AND TRACERS BEING FIRED OVER IT.

    Most of the violence was not in the square, which was already quite empty at that time, but in the streets around it. The soldiers tried to push the crowd away without using their weapons:

    THE SITUATION IN THE CENTER OF THE CITY IS VERY CONFUSED. POLOFFS AT THE BEIJING HOTEL REPORTED THAT TROOPS ARE PUSHING A LARGE CROWD OF DEMONSTRATORS EAST ON CHANGANJIE. ALTHOUGH THESE TROOPS APPEAR NOT TO BE FIRING ON THE CROWD, POLOFFS REPORT FIRING BEHIND THE TROOPS COMING FROM THE SQUARE.

    With the Square finally cleared the student protest movement ebbed away.

    Western secret services smuggled some 800 of the leaders of their failed ’color revolution’ out of the country, reported the Financial Times in 2014:

    Many went first to France, but most travelled on to the US for scholarships at Ivy League universities.

    The extraction missions, aided by MI6, the UK’s Secret Intelligence Service, and the CIA, according to many accounts, had scrambler devices, infrared signallers, night-vision goggles and weapons.

    It is unclear how many people died during the incident. The numbers vary between dozens to several hundred. It also not known how many of them were soldiers, and how many were violent protesters or innocent bystanders.

    The New York Times uses the 30th anniversary of the June 4 incidents to again promote a scene that is interpreted as successful civil resistance.

    He has become a global symbol of freedom and defiance, immortalized in photos, television shows, posters and T-shirts.

    But three decades after the Chinese Army crushed demonstrations centered on Tiananmen Square, “Tank Man” — the person who boldly confronted a convoy of tanks barreling down a Beijing avenue — is as much a mystery as ever.

    But was the man really some hero? It is not known what the the man really wanted or if he was even part of the protests:

    According to the man who took the photo, AP photographer Jeff Widener, the photo dates from June 5 the day after the Tiananmen Square incident. The tanks were headed away from, and not towards, the Square. They were blocked not by a student but by a man with a shopping bag crossing the street who had chosen to play chicken with the departing tanks. The lead tank had gone out its way to avoid causing him injury.

    The longer video of the tank hold up (turn off the ghastly music) shows that the man talked with the tank commander who makes no attempt to force him away. The scene ends after two minutes when some civilian passersby finally tell the man to move along. The NYT also writes:

    But more recently, the government has worked to eliminate the memory of Tank Man, censoring images of him online and punishing those who have evoked him.
    ...
    As a result of the government’s campaign, many people in China, especially younger Chinese, do not recognize his image.

    To which Carl Zha, who currently travels in China and speaks the language, responds:

    Carl Zha @CarlZha - 15:23 utc - 4 Jun 2019

    For the record, Everyone in China know about what happened on June 4th, 1989. Chinese gov remind them every year by cranking up censorship to 11 around anniversary. Idk Western reporters who claim people in China don’t know are just esp stupid/clueless or deliberately misleading

    In fact that applies to China reporting in general. I just don’t know whether Western China reporters are that stupid/clueless or deliberately misleading. I used to think people can’t be that stupid but I am constantly surprised...

    and

    Carl Zha @CarlZha - 15:42 utc - 4 Jun 2019

    This Image was shared in one of the Wechat group I was in today. Yes, everyone understood the reference

    Carl recommends the two part movie The Gate To Heavenly Peace (vid) as the best documentary of the Tiananmen Square protests. It explores the political and social background of the incident and includes many original voices and scenes.

    Posted by b on June 4, 2019 at 03:00

    https://www.msn.com/en-us/news/world/tiananmen-square-world-marks-30-years-since-massacre-as-china-censors-all-mention/ar-AACl8Sy?li=BBnbcA1
    https://search.wikileaks.org/?query=Tiananmen&exact_phrase=&any_of=&exclude_words=&document_dat
    https://twitter.com/Obscureobjet/status/1135970437886881792
    https://wikileaks.org/plusd/cables/89BEIJING15390_a.html
    https://wikileaks.org/plusd/cables/89BEIJING15411_a.html
    https://www.ft.com/content/4f970144-e658-11e3-9a20-00144feabdc0
    https://www.nytimes.com/2019/06/03/world/asia/tiananmen-tank-man.html
    http://www.fccj.or.jp/number-1-shimbun/item/984-the-truth-about-tankman/984-the-truth-about-tankman.html
    https://www.youtube.com/watch?v=qq8zFLIftGk


    https://www.nytimes.com/2019/06/03/world/asia/tiananmen-tank-man.html
    https://www.youtube.com/watch?v=1Gtt2JxmQtg&feature=youtu.be

    –---

    Here’s Minqi Li — a student of the “right” (liberal) at the time ["How did I arrive at my current intellectual position? I belong to the “1989 generation.” But unlike the rest of the 1989 generation, I made the unusual intellectual and political trajectory from the Right to the Left, and from being a neoliberal “democrat” to a revolutionary Marxist"] — about 1989.

    It is in the preface of his book “The Rise of China”, which I don’t recommend as a theoretical book. It doesn’t affect his testimony though:
    The 1980s was a decade of political and intellectual excitement in China. Despite some half-hearted official restrictions, large sections of the Chinese intelligentsia were politically active and were able to push for successive waves of the so-called “emancipation of ideas” (jiefang sixiang). The intellectual critique of the already existing Chinese socialism at first took place largely within a Marxist discourse. Dissident intellectuals called for more democracy without questioning the legitimacy of the Chinese Revolution or the economic institutions of socialism.
    [...]
    After 1985, however, economic reform moved increasingly in the direction of the free market. Corruption increased and many among the bureaucratic elites became the earliest big capitalists. Meanwhile, among the intellectuals, there was a sharp turn to the right. The earlier, Maoist phase of Chinese socialism was increasingly seen as a period of political oppression and economic failure. Chinese socialism was supposed to have “failed,” as it lost the economic growth race to places such as Japan, South Korea, Taiwan, and Hong Kong. Many regarded Mao Zedong himself as an ignorant, backward Chinese peasant who turned into a cruel, power-hungry despot who had been responsible for the killing of tens of millions. (This perception of Mao is by no means a new one, we knew it back in the 1980s.) The politically active intellectuals no longer borrowed discourse from Marxism. Instead, western classical liberalism and neoliberal economics, as represented by Friedrich Hayek and Milton Friedman, had become the new, fashionable ideology.
    [...]
    As the student demonstrations grew, workers in Beijing began to pour onto the streets in support of the students, who were, of course, delighted. However, being an economics student, I could not help experiencing a deep sense of irony. On the one hand, these workers were the people that we considered to be passive, obedient, ignorant, lazy, and stupid. Yet now they were coming out to support us. On the other hand, just weeks before, we were enthusiastically advocating “reform” programs that would shut down all state factories and leave the workers unemployed. I asked myself: do these workers really know who they are supporting?
    Unfortunately, the workers did not really know. In the 1980s, in terms of material living standards, the Chinese working class remained relatively well-off. There were nevertheless growing resentments on the part of the workers as the program of economic reform took a capitalist turn. Managers were given increasing power to impose capitalist-style labor disciplines (such as Taylorist “scientific management”) on the workers. The reintroduction of “material incentives” had paved the way for growing income inequality and managerial corruption.
    [...]
    By mid-May 1989, the student movement became rapidly radicalized, and liberal intellectuals and student leaders lost control of events. During the “hunger strike” at Tiananmen Square, millions of workers came out to support the students. This developed into a near-revolutionary situation and a political showdown between the government and the student movement was all but inevitable. The liberal intellectuals and student leaders were confronted with a strategic decision. They could organize a general retreat, calling off the demonstrations, though this strategy would certainly be demoralizing. The student leaders would probably be expelled from the universities and some liberal intellectuals might lose their jobs. But more negative, bloody consequences would be avoided.
    Alternatively, the liberal intellectuals and the student leaders could strike for victory. They could build upon the existing political momentum, mobilize popular support, and take steps to seize political power. If they adopted this tactic, it was difficult to say if they would succeed but there was certainly a good chance. The Communist Party’s leadership was divided. Many army commanders’ and provincial governments’ loyalty to the central government was in question. The student movement had the support of the great majority of urban residents throughout the country. To pursue this option, however, the liberal intellectuals and students had to be willing and able to mobilize the full support of the urban working class. This was a route that the Chinese liberal intellectuals simply would not consider.
    So what they did was … nothing. The government did not wait long to act. While the students themselves peacefully left Tiananmen Square, thousands of workers died in Beijing’s streets defending them.

    Posted by: vk | Jun 4, 2019 3:21:31 PM

    #Chine #démocratie #histoire #4689

  • More Good News for Assange : Swedish Court Blocks Extradition ; US Sa...
    https://diasp.eu/p/9155201

    More Good News for Assange: Swedish Court Blocks Extradition; US Says No Vault 7 Indictment.... Imprisoned WikiLeaks publisher Julian Assange scored two legal victories on Monday when a Swedish court refused prosecutors’ request to have Assange arrested and extradited from Britain to Sweden, while the U.S. Justice Dept. said it would not prosecute Assange for the publication of the CIA Vault 7 files, according to a report in Politico. The Uppsala District Court rejected a request for a European Arrest Warrant for Assange based on a reopened 2010 investigation into sexual assault allegations that has been twice dropped before. Without the warrant Assange cannot be extradited to Sweden to be questioned. #Assange #SWEDEN #COURT #EXTRADITION #LEGAL #USA #ENGLAND #CIA #VAULT_7 (...)

  • This Chinese Artist Criticized Google and Xi Jinping. Now He’s Facing Government Harassment.
    https://theintercept.com/2019/06/04/badiucao-china-google

    The messages arrived suddenly and then he went quiet. “My identity is leaked,” he said. “I am worried about my safety.” The Chinese dissident artist Badiucao had been busy preparing an exhibition in Hong Kong to celebrate Free Expression Week, a series of events organized by rights groups. His show was partly inspired by Google’s plan to build a censored search engine in China, and was set to include work that the artist had created skewering the U.S. tech giant for cooperating with the (...)

    #Google #Facebook #Twitter #GoogleSearch #Dragonfly #activisme #censure #surveillance #art (...)

    ##harcèlement

  • #Huawei ban: why Asian countries are shunning Trump’s blacklist despite concerns about China’s influence | South China Morning Post
    https://www.scmp.com/news/asia/southeast-asia/article/3012820/huawei-ban-why-asian-countries-are-shunning-trumps

    “Some if not all regional countries may harbour concerns about the security ramifications of using Huawei, but there are real pragmatic considerations,” said Collin Koh Swee Lean, a research fellow at the S Rajaratnam School of International Studies in Singapore. “Cost-wise in particular, Chinese offers for infrastructure development present more attractive propositions.”

    Acting US Defence Secretary Patrick Shanahan sought to address funding worries in his speech, mentioning that the US roughly doubled a competing infrastructure fund to US$60 billion. He contrasted the American vision of a “ free and open ” region with one “where power determines place and debt determines destiny”.

    For many Asian countries, however, US funding isn’t enough to meet their needs and generally comes with too many strings attached . Myanmar, for instance, found that China was the only country willing to finance a deep-sea port and industrial estate on its coastline near Bangladesh.

    “In the end, the decision to accept or not to accept such financing rests with the recipient country and not with Beijing,” said Thaung Tun, Myanmar’s national security adviser, dismissing the notion that China would indebt the country for strategic gains.

    #Chine #Etats-Unis

  • Trump Administration Considered Tariffs on Australia - The New York Times
    https://www.nytimes.com/2019/06/02/business/trump-australia-tariffs.html

    Some of President Trump’s top trade advisers had urged the tariffs as a response to a surge of Australian aluminum flowing onto the American market over the past year. But officials at the Defense and State Departments told Mr. Trump the move would alienate a top ally and could come at significant cost to the United States.

    The administration ultimately agreed not to take any action, at least temporarily.

    The measure would open yet another front in a global trade war that has pitted the United States against allies like Canada, Mexico, Europe and Japan, and deepened divisions with countries like China. It would also be the end of a reprieve for the only country to be fully exempted from the start from steel and aluminum tariffs that Mr. Trump imposed last year.

    #guerre_commerciale #etats-unis

  • For the U.S. and China, it’s not a trade war anymore — it’s something worse - Los Angeles Times
    https://www.latimes.com/politics/la-na-pol-us-china-trade-stalemate-20190531-story.html

    Recently, for example, a private group of American economists and trade experts with long-standing experience in China traveled to Beijing, expecting their usual technical give-and-take with Chinese government officials.

    Instead, a member of the Chinese Politburo harangued them for almost an hour, describing the U.S.-China relationship as a “clash of civilizations” and boasting that China’s government-controlled system was far superior to the “Mediterranean culture” of the West, with its internal divisions and aggressive foreign policy.

    #Etats-unis #Chine

  • Extreme weather has made half of America look like Tornado Alley - The Washington Post
    https://www.washingtonpost.com/science/2019/05/29/extreme-weather-has-made-half-america-look-like-tornado-alley

    Tornadoes have been popping up every day in the U.S. as if coming off an assembly line. They’re part of an explosion of extreme weather events, including record flooding, record cold and record heat. Wednesday brought more of the same, with tornado watches in the Midwest and Atlantic seaboard and 37 million Americans facing an “enhanced” risk of severe weather, according to the National Weather Service.

    All of which raises the question: Is this climate change, or just an unusually bad year?

    For years, scientists have warned that climate change caused by human activity — primarily the burning of fossil fuels and the spike in atmospheric greenhouse gases — would make extreme weather events more likely. But tornadoes have never fit neatly into the climate change narrative. They’re eccentric and quirky. Until this year, the U.S. was in something of a tornado drought.

    Twisters seem to follow a boom-and-bust cycle. There weren’t many tornadoes in 2018. So far this century, two years — 2008 and 2011 — jump off the charts, each with more than 2,000 reported tornadoes. This year, there have been nearly 1,000.

    The immediate driver of the violent weather is the jet stream, the powerful winds at high altitudes that sweep west to east across North America. The jet stream since May 14 has created conditions ripe for twisters. Seven deaths have been reported so far in the tornado assault of May. That’s a low death toll compared to some tornado seasons, but the steady, percussive nature of the storms — the daily pounding — has been anomalous.

    The Economic Cost Of Devastating Hurricanes And Other Extreme Weather Events Is Even Worse Than We Thought
    https://theconversation.com/the-economic-cost-of-devastating-hurricanes-and-other-extreme-weath

    June marks the official start of hurricane season. If recent history is any guide, it will prove to be another destructive year thanks to the worsening impact of climate change.

    But beyond more intense hurricanes and explosive wildfires, the warming climate has been blamed for causing a sharp uptick in all types of extreme weather events across the country, such as severe flooding across the U.S. this spring and extensive drought in the Southwest in recent years.

    #climat #tornades #etats-unis

  • How US “#good_guys” wiped out an Afghan family — The Bureau of Investigative Journalism
    https://www.thebureauinvestigates.com/stories/2019-06-03/us-bomb-kills-afghan-family

    The US denied repeatedly that it had bombed Masih’s house, or even that any airstrike in his area had taken place. But using satellite imagery, photos and open source content, we proved that denial false. Following our investigation, the military has now admitted that it did conduct a strike in that location, but it still denies it resulted in civilian deaths.

    #etats-unis #crimes #civils #victimes_civiles #afghanistan

  • Maximizing influence in a social network: Improved results using a genetic algorithm
    Kaiqi Zhang, Haifeng Du, Marcus W. Feldman,
    From School of Management of Xi’an Jiaotong University (China), and Stanford University (US)
    https://www.sciencedirect.com/science/article/pii/S0378437117301930

    Influence Maximization in Online Social Networks
    Cigdem Aslay ISI Foundation, Turin, Italy
    Laks V.S. Lakshmanan, Vancouver, KKKanada
    https://dl.acm.org/citation.cfm?id=3162007

    Viral marketing , a popular concept in the business literature, has recently attracted a lot of attention also in computer science, dueto its high application potential and computational challenges.Theidea of viral marketing is simple yet appealing: by targeting themost influential users in a social network (e.g., by giving themfree or price-discounted samples), one can exploit the power ofthe network effect through word-of-mouth, thus delivering themarketing message to a large portion of the network analogous tothe spread of a virus.

    Influence maximization is the key algorithmic problem behind viral marketing.

    #scary_science

  • US now seeking social media details from all visa applicants
    https://www.apnews.com/c96a215355b242e58107c2125c18fc4a

    The State Department is now requiring nearly all applicants for U.S. visas to submit their social media usernames, previous email addresses and phone numbers. It’s a vast expansion of the Trump administration’s enhanced screening of potential immigrants and visitors. In a move that’s just taken effect after approval of the revised application forms, the department says it has updated its immigrant and nonimmigrant visa forms to request the additional information, including “social media (...)

    #Identité #SocialNetwork #migration #surveillance #web

    ##Identité

  • US wants access to NHS in post-Brexit deal, says Trump ally | Politics | The Guardian
    https://www.theguardian.com/politics/2019/jun/02/us-wants-access-to-nhs-in-post-brexit-deal-ambassador-to-uk-says

    Johnson est l’ambassadeur des #Etats-Unis au #Royaume-Uni,

    Asked if the NHS was likely to form part of trade negotiations, Johnson told the BBC’s Andrew Marr Show: “I think the entire economy, in a trade deal, all things that are traded would be on the table.” Asked if that specifically meant healthcare, he said: “I would think so.”

  • U.S. is using unreliable dental exams to hold teen migrants in adult detention

    The young Bangladeshi sitting in the dentist’s chair last October thought he was getting checked for diseases.

    Dental staff examined his teeth, gave him a cleaning and sent him back to the juvenile facility where he had been held for months since illegally crossing the border in July.

    But a checkup wasn’t the real purpose of the dental work. The government wanted to figure out if “I.J.,” as the young migrant has been identified, really was 16, as he said, or an adult.

    The use of dental exams to help determine the age of migrants increased sharply in the last year, one aspect of the Trump administration’s crackdown on immigration and illegal border crossings.

    The accuracy of forensic testing to help determine the age of migrants is very much a subject of the debate. And with the stakes so high, the exams are becoming another legal battleground for the government.

    Federal law prohibits the government from relying exclusively on forensic testing of bones and teeth to determine age. But a review of court records shows that in at least three cases – including I.J.’s – the government did just that, causing federal judges to later order the minors released from adult detention.

    In a case last year, a Guatemalan migrant was held in adult detention for nearly a year after a dental exam showed he was likely 18, until his attorneys fought to get his birth certificate, which proved he was 17.

    For I.J., the results had serious ramifications. Based on the development of his teeth, the analysis showed an 87.70% probability that he had turned 18.

    An immigration official reported that it was apparent to the case manager that I.J. “appeared physically older than 17 years of age,” and that he and his mother had not been able to provide a second type of identification that might prove his age.

    The next month, Immigration and Customs Enforcement agents took him away in shackles and placed him in a medium-security prison that houses immigrant detainees.

    He spent about five months in adult detention and 24 of those days in segregated custody. Whenever he spoke with an officer, he would say he was a minor — unaware for more than a month that his teeth had landed him there.

    “I came to the United States with a big dream,” I.J. said. “My dream was finished.”

    But when the Arizona-based Florence Immigrant and Refugee Rights Project took I.J.’s case to federal court, a district judge found that the Office of Refugee Resettlement’s age re-determination violated federal law and the agency’s own guidelines.

    In April, the judge ordered I.J. released back into Office of Refugee Resettlement custody, a program responsible for unaccompanied migrant children. He has since reunited with his family in New York. The Florence Project also filed another case in federal court that resulted in the government voluntarily returning a Bangladeshi minor to ORR custody and rescinding his age re-determination.

    As the government grappled with an influx of the number of families and children arriving at the border in fiscal year 2018, approvals of ORR age determination exams more than doubled.

    These handful of cases where a minor was released from adult detention is almost certainly an undercount, as most migrants held in adult detention do not have legal representation and are unlikely to fight their cases.

    It is unclear how often migrants pretend to be minors and turn out to be adults. In a call with reporters earlier this year, a Customs and Border Protection official said that from April 2018 to March 25 of this year, his agents had identified more than 3,100 individuals in family units making fraudulent claims, including those who misrepresented themselves as minors.

    Unaccompanied minors are given greater protections than adults after being apprehended. The government’s standard refers migrants to adult custody if a dental exam analysis shows at least a 75% probability that they are 18 or older. But other evidence is supposed to be considered.

    Dr. David Senn, the director of the Center for Education and Research in Forensics at UT Health San Antonio, has handled more than 2,000 age cases since 1998.

    A program that Senn helped develop estimates the mean age of a person and the probability that he or she is at least 18. In addition to looking at dental X-rays, he has also looked at skeletal X-rays and analyzed bone development in the hand and wrist area.

    He handled a larger number of cases in the early 2000s, but last year he saw his caseload triple — rising to 168. There appears to be a slowdown this calendar year for Senn, one of a few dentists the government uses for these analyses.

    He said making an exact age determination is not possible.

    “We can only tell you what the statistics say,” Senn said. “I think the really important thing to note is that most people who do this work are not trying to be policemen or to be Border Patrol agents or immigration …. what we’re trying to do is help. What we’re trying to do is protect children.”

    In 2007 and again in 2008, the House Appropriations Committee called on the Department of Homeland Security to stop relying on forensic testing of bones and teeth. But it was the Trafficking Victims Protection Reauthorization Act of 2008 that declared age determinations should take into account “multiple forms of evidence, including the non-exclusive use of radiographs.”

    In a Washington state case, an X-ray analysis by Senn showed a 92.55% probability that Bilal, a Somali migrant, already had reached 18 years of age. ICE removed him from his foster home and held him in an adult detention center.

    “Not only were they trying to save themselves money, which they paid to the foster family, but they were wrecking this kid’s life,” said Matt Adams, legal director for the Northwest Immigrant Rights Project, which represented Bilal. “They were just rolling the dice.”

    In 2016, a federal judge found that the Office of Refugee Resettlement relied exclusively on the dental exam and overturned the age determination for the young Somali.

    Last year, in the case of an Eritrean migrant who said he was 17, Senn’s analysis of dental X-rays showed a 92.55% probability that he had turned 18, and provided a range of possible ages between 17.10 and 23.70.

    It was enough to prompt his removal from a juvenile facility and placement into an adult one.

    Again, a district judge found that the government had relied exclusively on the dental exam to determine his age and ordered the migrant released back into ORR custody.

    Danielle Bennett, an ICE spokeswoman, said the agency “does not track” information on such reversals.

    “We should never be used as the only method to determine age,” Senn said. “If those agencies are not following their own rules, they should have their feet held to the fire.”

    Similar concerns over medical age assessments have sprung up in other countries, including the United Kingdom and Sweden.

    The United Nations High Commissioner for Refugees’ guidance about how adolescent migrants’ ages should be analyzed says that if countries use scientific procedures to determine age, that they should allow for margins of error. Michael Bochenek, an attorney specializing in children’s rights at Human Rights Watch, said that for adolescents, the margin of error in scientific tests is “so big that it doesn’t tell you anything.”

    An influx of Bangladeshi migrants claiming to be minors has contributed to the government’s recent use of dental exams. From October through March 8, more than 150 Bangladeshis who claimed to be minors and were determined to be adults were transferred from the Office of Refugee Resettlement to ICE custody, according to the agency.

    In fiscal year 2018, Border Patrol apprehensions of Bangladeshi migrants went up 109% over the year before, rising to 1,203. Similarly, the number of Bangladeshi minors in ORR custody increased about 221% between fiscal 2017 and fiscal 2018, reaching 392.

    Ali Riaz, a professor at Illinois State University, said Bangladeshis are leaving the country for reasons including high population density, high unemployment among the young, a deteriorating political environment and the “quest for a better life.”

    In October, Myriam Hillin, an ORR federal field specialist, was told that ICE had information showing that a number of Bangladeshi migrants in their custody claiming to be underage had passports with different birth dates than on their birth certificates.

    Bochenek said it’s common for migrant children to travel with fake passports that make them appear older, because in some countries minors are more likely to be intercepted or questioned by immigration agents.

    While I.J. was able to regain status as a minor, three Bangladeshi migrants who crossed the U.S.-Mexico border illegally in the San Diego area in October 2018 are still trying to convince the government they are underage.

    Their passports didn’t match their birth certificates. Dental exams ordered by immigration officials found that each of them had about an 89% likelihood of being adults.

    “Both subjects were adamant that the passports were given to them by the ‘agent’ (smuggler), however, there is little reason to lie to any of the countries they flew into,” wrote one Border Patrol agent, describing the arrest of two of the migrants. “Also, it is extremely difficult to fake a passport, especially for no reason. I have seen [unaccompanied children] fly into each of the countries (except for Panama and Costa Rica) and pass through with no problem. This is a recent trend with Bangladeshis. They do it in order to be released from DHS custody faster.”

    During interviews, the young migrants, Shahadat, Shahriar and Tareq, told asylum officers that smugglers had given them the passports, according to records from the interviews.

    When asked why they had been given those birth dates, they said it had something to do with smugglers’ plans for their travel.

    “I don’t have that much idea,” Shahadat told an asylum officer, according to the officer’s notes in a summary-style transcript. “When I asked why, they told me that if I don’t give this [date of birth] there will be problems with travel.”

    Shahriar told the officer that the smuggler became aggressive when questioned.

    The migrants have submitted copies of birth certificates, school documents and signed statements from their parents attesting to their claimed birth dates. An online database of birth records maintained by the government of Bangladesh appears to confirm their date of birth claims.

    Shahriar also provided his parents’ birth certificates. If he were as old as immigration officials believe him to be, his mother would have been 12 years old when she had him.

    In each case, immigration officials stood by the passport dates.

    Shahadat and Shahriar are being held in Otay Mesa Detention Center. Tareq was held at the facility for months before being released on a $7,500 bond. All three are moving through the immigration system as adults, with asylum proceedings their only option to stay in the U.S..

    At least one of the migrants, Shahadat, was placed in administrative segregation, a version of solitary confinement in immigration detention, when his age came into question, according to documents provided by their attorney.

    A judge ordered him deported.

    https://www.latimes.com/local/lanow/la-me-ln-immigrant-age-migrants-ice-dental-teeth-bangladesh-20190602-story.
    #tests_osseux #os #âge #USA #Etats-Unis #mineurs #enfants #enfance #rétention #détention_administrative #dents #migrations #asile #réfugiés #USA #Etats-Unis

  • Revealed : women’s fertility app is funded by anti-abortion campaigners
    https://www.theguardian.com/world/2019/may/30/revealed-womens-fertility-app-is-funded-by-anti-abortion-campaigners

    The Femm app has users in the US, EU and Africa and sows doubt over the safety of birth control, a Guardian investigation has found A popular women’s health and fertility app sows doubt about birth control, features claims from medical advisers who are not licensed to practice in the US, and is funded and led by anti-abortion, anti-gay Catholic campaigners, a Guardian investigation has found. The Femm app, which collects personal information about sex and menstruation from users, has been (...)

    #Femm #smartphone #manipulation #santé #Chiaroscuro

    ##santé
    https://i.guim.co.uk/img/media/6d7b217e4327c0ac0a3aa51120797768e084a1fe/329_623_3228_1937/master/3228.jpg

    • lien propre :

      https://www.zdnet.com/article/russian-military-moves-closer-to-replacing-windows-with-astra-linux

      [...]

      RusBITech initially developed the OS for use in the Russian private market, but the company also expanded into the local government sector, where it became very popular with military contractors.

      A few years back, the OS received certifications to handle Russian government information labeled as “secret” and “top secret” —two data secrecy levels situated underneath “special importance” according to Russian law.

      Since then, Astra Linux has slowly made its way into government agencies and is currently in use at the Russian National Center for Defence Control, among various other government and military agencies.
      Already used by the Russian military

      In January 2018, the Russian Ministry of Defence announced plans to transfer military systems from the Windows OS to Astra Linux, citing fears that Microsoft’s closed-source approach might hide Windows backdoors that can be abused by US intelligence to spy on Russian government operations.

      Since then, RusBITech has been going through the Russian government’s certification process to get a “special importance” classification for Astra Linux — which it did, on April 17, according to two local media reports.

      In addition to the FSTEC certification, Astra Linux also received certificates of conformity from the FSB, Russia’s top intelligence agency, and the Ministry of Defense, opening the door for full adoption by Russia’s top military and intelligence agencies.

      The certification was granted for Astra Linux Special Edition version 1.6, also known as the Smolensk release, per local reports. This is a commercial (paid) release.

      The news comes after earlier this week it was reported that the Chinese military was taking similar steps to replace the Windows OS on military systems amid fears of US hacking. The Chinese military didn’t go for a Linux distro but instead alluded to plans of developing a custom OS instead.

      [finis]

      #Russie #sécurité #militaire #défense #Debian #Linux #Windows

      #Chine #États-unis

  • Pendant la visite de Trump à la base navale de Yokosuka, consigne était passée de faire disparaitre toute mention du nom de l’USS John McCain. Non à cause de la collision d’il y a presque 2 ans, mais du fait de la haine personnelle de Trump à l’égard du sénateur John McCain III, aviateur de la marine dont le nom,après son décès, a été ajouté à ceux de John McCain I et II, père et grand-père et tous deux amiraux de l’US Navy comme référence au nom de baptême du navire…

    Le nom a été recouvert d’une bâche, les toiles habillant les coupées ont été retirées, les marins mis en congé,…

    Mais Trump n’y est, évidemment, pour rien !

    Trump says he was not told of request to move USS John McCain ’out of sight’ - Reuters
    https://www.reuters.com/article/us-usa-trump-navy/trump-says-he-was-not-told-of-request-to-move-uss-john-mccain-out-of-sight-

    U.S. President Donald Trump said on Wednesday he was unaware of any effort to move the USS John S. McCain that was stationed near the site of his recent speech in Japan.

    A U.S. official, speaking on condition of anonymity, confirmed to Reuters that an initial request had been made to keep the John McCain out of sight during Trump’s speech but was scrapped by senior Navy officials.
    […]
    The USS John S. McCain was initially named for the late senator’s father and grandfather, who were both Navy admirals. In 2018, the Navy added Senator McCain to the official namesake of the guided missile destroyer.

    Trump wrote on Twitter: “I was not informed about anything having to do with the Navy Ship USS John S. McCain during my recent visit to Japan.” The White House declined to comment.

    The Wall Street Journal, which first reported the news, said the White House wanted the U.S. Navy to move the ship “out of sight.” It cited an email between U.S. military officials.

    The email to Navy and Air Force officials had a number of directives, including: “USS John McCain needs to be out of sight,” and asking officials to “please confirm” that directive “will be satisfied.

    The newspaper said a tarpaulin was hung over the ship’s name ahead of Trump’s trip and sailors were directed to remove coverings from the destroyer that bore its name.

    It also said sailors assigned to the ship, who generally wear caps bearing its name, were given the day off during Trump’s visit to the nearby USS Wasp. However, the U.S. official said sailors on the ship were given the day off because of Memorial Day.

    • Admiral Squashed White House Request to Hide USS John McCain – Foreign Policy
      https://foreignpolicy.com/2019/06/03/admiral-squashes-white-house-request-to-hide-uss-john-mccain


      The USS John S. McCain (DDG 56) destroyer (C) is moored in a dock at the Yokosuka Naval Base on June 01, 2019 in Yokosuka, Japan. On Thursday, U.S. President Donald Trump has denied any involvement the move to hide the Navy Ship USS John S. McCain during his recent visit to its home port in Yokosuka, after reports emerged of emails being exchanged about keeping the ship out of view.
      Photo by Tomohiro Ohsumi/Getty Images

      Shot down. When U.S. Navy Vice Adm. Phillip Sawyer received a request from the White House to obscure the USS John McCain during President Donald Trump’s recent visit to Japan, his answer was crystal clear: No way.

      A senior U.S. defense official told FP on Sunday that Sawyer, commander of the U.S. Navy’s Seventh Fleet, was the person who ultimately squashed the request, which sparked a global furor and threatened to overshadow Acting Secretary of Defense Patrick Shanahan’s first major speech on the international stage.

      Not an ‘unreasonable’ request. The directive, which was acknowledged by the Navy on Saturday, seems to have come from lower-level aides trying to avert an uncomfortable scenario—an effort that White House Chief of Staff Mick Mulvaney called not “unreasonable.” The president has made no secret of his dislike for Sen. John McCain, who emerged as one of his strongest Republican critics during his 2016 campaign.

      But it raises questions about the politicization of the military, an organization that is traditionally apolitical. Trump has drawn the military into the debate over his long-promised wall on the border with Mexico, clashed with Gold Star families, and frequently used military events to deliver politicized speeches. Following the uproar Shanahan himself, Trump’s nominee to become Secretary of Defense, directed his chief of staff to tell the White House that the military “will not be politicized.

    • la source selon dlf serait la suivante : http://english.chosun.com/site/data/html_dir/2019/05/31/2019053101126.html

      #Corée #États-unis #execution

      // avec #prudence svp //

      Kim Hyok-chol, who was the counterpart of U.S. Special Representative Stephen Biegun in the runup to the summit, was shot at Mirim Airport in March with four other senior officials on charges of spying for America, the source said.

      Kim Jong-un is believed to have ordered the purge, which also swept up other officials in the negotiations, to contain internal unrest and mounting public dissatisfaction over the failed summit.

      The source said Kim Yong-chol was sent to hard labor in Jagang Province, while Kim Song-hye of the United Front Department was sent to a political prison camp. Kim Jong-un’s interpreter at the summit, Shin Hye-yong, was accused of “tarnishing the authority” of the leader for an interpreting error and is also believed to have been sent to a prison camp.

      The North Korean leader’s younger sister, Kim Yo-jong, was told to lie low. “Kim Yo-jong has not been spotted in public since the Hanoi summit,” a government official here said.

      [...]

  • UN warns against extraditing Assange to US
    https://www.ft.com/content/c3d35d24-82ec-11e9-b592-5fe435b57a3b

    Nils Melzer, the UN’s special rapporteur on torture, said that if Assange was sent to the US, he would be “exposed to a real risk of serious violations of his human rights”. Mr Melzer also attacked what he called “a relentless and unrestrained campaign of public mobbing, intimidation and defamation against Assange” in the UK, US, Sweden and Ecuador, including by politicians and members of the judiciary.

  • Netanyahu shows off Trumps map of Israel with Golan Heights marked nice - anews
    http://www.anews.com.tr/middle-east/2019/05/31/netanyahu-shows-off-trumps-map-of-israel-with-golan-heights-marked-nice

    Israeli Prime Minister Benjamin Netanyahu, embroiled in political chaos after failing to assemble a governing coalition, attempted Thursday to divert public attention with his signature strategy: political theater.

    Addressing a nation bewildered by the prospect of an unprecedented second election campaign in the same year, Netanyahu brandished an official State Department map that had been updated to incorporate the long-disputed Golan Heights as part of Israel.

    He said that U.S. President Trump’s son-in-law and senior adviser Jared Kushner gifted him the map during his visit to Israel. Kushner and other architects of the administration’s Mideast peace plan are traveling the region to build momentum for the long-awaited proposal.

    #clichés_arabes #israël

  • Pour John Bolton, ce sont des “ mines iraniennes ” qui ont sauvagement attaqué les navires à l’ancre devant Fujairah. À son habitude, sans la moindre preuve…

    Top U.S. security adviser: Iranian mines likely caused UAE tanker blasts - Reuters
    https://www.reuters.com/article/us-usa-emirates-bolton-idUSKCN1SZ0JO


    A damaged Andrea Victory ship is seen off the Port of Fujairah, United Arab Emirates, May 13, 2019.
    REUTERS/Satish Kumar

    U.S. National Security Adviser John Bolton said on Wednesday that naval mines “almost certainly from Iran” were used to attack oil tankers off the United Arab Emirates this month, and warned Tehran against conducting new operations.
    […]
    I think it is clear these (tanker attacks) were naval mines almost certainly from Iran,” Bolton said without providing evidence. “There is no doubt in anybody’s mind in Washington who is responsible for this and I think it’s important that the leadership in Iran know that we know.

    He declined to comment on the specifics of the investigation into the attacks in which the United States, France, Norway and Saudi Arabia are taking part, but said those other countries and ship owners involved could do so.

    #whithout_providing_any_evidence

  • Mission Creep : How the NSA’s Game-Changing Targeting System Built for Iraq and Afghanistan Ended Up on the Mexican Border
    https://theintercept.com/2019/05/29/nsa-data-afghanistan-iraq-mexico-border

    In November 2005, two terminals for a new secure communications platform arrived at the U.S. military base at Bagram Airfield, outside Afghanistan’s capital, Kabul. The first of its kind, the system would enable the U.S.’s electronic eavesdropping organization, the National Security Agency, to instantaneously share select classified information with America’s closest allies in the fight against the Taliban, speeding the delivery of critical information to soldiers. Previously, the only way to (...)

    #NSA #migration #écoutes #surveillance #frontières

  • #Gig economy workers are struggling financially - Vox
    https://www.vox.com/policy-and-politics/2019/5/28/18638480/gig-economy-workers-wellbeing-survey

    Finding a job in the US is pretty easy these days. Finding a good one isn’t. And the gig economy is partly to blame.

    [...]

    Here is one of the most shocking statistics: 58 percent of full-time gig workers said they would have a hard time coming up with $400 to cover an emergency bill — compared to 38 percent of people who don’t work in the gig economy. Both numbers are alarming, but the gap suggests that this informal economy is far more destabilizing than #Silicon_Valley investors care to admit.

    #emploi #etats-unis #précarité

  • Great Lakes are rapidly warming, likely to trigger more flooding and extreme weather | CBC News
    https://www.cbc.ca/news/canada/windsor/great-lakes-climate-warming-1.5065922

    The Great Lakes region is warming faster than the rest of the U.S., a trend that is likely to bring more extreme storms while also degrading water quality, worsening #erosion and posing tougher challenges for farming, scientists report.

    #grands_lacs #Canada #Etats-Unis #climat #eau #inondations #agriculture

  • As Thousands of Taxi Drivers Were Trapped in Loans, Top Officials Counted the Money - The New York Times
    https://www.nytimes.com/2019/05/19/nyregion/taxi-medallions.html

    [Read Part 1 of The Times’s investigation: How Reckless Loans Devastated a Generation of Taxi Drivers]

    At a cramped desk on the 22nd floor of a downtown Manhattan office building, Gary Roth spotted a looming disaster.

    An urban planner with two master’s degrees, Mr. Roth had a new job in 2010 analyzing taxi policy for the New York City government. But almost immediately, he noticed something disturbing: The price of a taxi medallion — the permit that lets a driver own a cab — had soared to nearly $700,000 from $200,000. In order to buy medallions, drivers were taking out loans they could not afford.

    Mr. Roth compiled his concerns in a report, and he and several colleagues warned that if the city did not take action, the loans would become unsustainable and the market could collapse.

    They were not the only ones worried about taxi medallions. In Albany, state inspectors gave a presentation to top officials showing that medallion owners were not making enough money to support their loans. And in Washington, D.C., federal examiners repeatedly noted that banks were increasing profits by steering cabbies into risky loans.

    They were all ignored.

    Medallion prices rose above $1 million before crashing in late 2014, wiping out the futures of thousands of immigrant drivers and creating a crisis that has continued to ravage the industry today. Despite years of warning signs, at least seven government agencies did little to stop the collapse, The New York Times found.

    Instead, eager to profit off medallions or blinded by the taxi industry’s political connections, the agencies that were supposed to police the industry helped a small group of bankers and brokers to reshape it into their own moneymaking machine, according to internal records and interviews with more than 50 former government employees.

    For more than a decade, the agencies reduced oversight of the taxi trade, exempted it from regulations, subsidized its operations and promoted its practices, records and interviews showed.

    Their actions turned one of the best-known symbols of New York — its signature yellow cabs — into a financial trap for thousands of immigrant drivers. More than 950 have filed for bankruptcy, according to a Times analysis of court records, and many more struggle to stay afloat.

    Remember the ‘10,000 Hours’ Rule for Success? Forget About It
    “Nobody wanted to upset the industry,” said David Klahr, who from 2007 to 2016 held several management posts at the Taxi and Limousine Commission, the city agency that oversees cabs. “Nobody wanted to kill the golden goose.”

    New York City in particular failed the taxi industry, The Times found. Two former mayors, Rudolph W. Giuliani and Michael R. Bloomberg, placed political allies inside the Taxi and Limousine Commission and directed it to sell medallions to help them balance budgets and fund priorities. Mayor Bill de Blasio continued the policies.

    Under Mr. Bloomberg and Mr. de Blasio, the city made more than $855 million by selling taxi medallions and collecting taxes on private sales, according to the city.

    But during that period, much like in the mortgage lending crisis, a group of industry leaders enriched themselves by artificially inflating medallion prices. They encouraged medallion buyers to borrow as much as possible and ensnared them in interest-only loans and other one-sided deals that often required them to pay hefty fees, forfeit their legal rights and give up most of their monthly incomes.

    When the medallion market collapsed, the government largely abandoned the drivers who bore the brunt of the crisis. Officials did not bail out borrowers or persuade banks to soften loan terms.

    “They sell us medallions, and they knew it wasn’t worth price. They knew,” said Wael Ghobrayal, 42, an Egyptian immigrant who bought a medallion at a city auction for $890,000 and now cannot make his loan payments and support his three children.

    “They lost nothing. I lost everything,” he said.

    The Times conducted hundreds of interviews, reviewed thousands of records and built several databases to unravel the story of the downfall of the taxi industry in New York and across the United States. The investigation unearthed a collapse that was years in the making, aided almost as much by regulators as by taxi tycoons.

    Publicly, government officials have blamed the crisis on competition from ride-hailing firms such as Uber and Lyft.

    In interviews with The Times, they blamed each other.

    The officials who ran the city Taxi and Limousine Commission in the run-up to the crash said it was the job of bank examiners, not the commission, to control lending practices.

    The New York Department of Financial Services said that while it supervised some of the banks involved in the taxi industry, it deferred to federal inspectors in many cases.

    The federal agency that oversaw many of the largest lenders in the industry, the National Credit Union Administration, said those lenders were meeting the needs of borrowers.

    The N.C.U.A. released a March 2019 internal audit that scolded its regulators for not aggressively enforcing rules in medallion lending. But even that audit partially absolved the government. The lenders, it said, all had boards of directors that were supposed to prevent reckless practices.

    And several officials criticized Congress, which two decades ago excepted credit unions in the taxi industry from some rules that applied to other credit unions. After that, the officials said, government agencies had to treat those lenders differently.

    Ultimately, former employees said, the regulatory system was set up to ensure that lenders were financially stable, and medallions were sold. But almost nothing protected the drivers.

    Matthew W. Daus, far right, at a hearing of the New York City Taxi and Limousine Commission in 2004. CreditMarilynn K. Yee/The New York Times
    Matthew W. Daus was an unconventional choice to regulate New York’s taxi industry. He was a lawyer from Brooklyn and a leader of a political club that backed Mr. Giuliani for mayor.

    The Giuliani administration hired him as a lawyer for the Taxi and Limousine Commission before appointing him chairman in 2001, a leadership post he kept after Mr. Bloomberg became mayor in 2002.

    The commission oversaw the drivers and fleets that owned the medallions for the city’s 12,000 cabs. It licensed all participants and decided what cabs could charge, where they could go and which type of vehicle they could use.

    And under Mr. Bloomberg, it also began selling 1,000 new medallions.

    At the time, the mayor said the growing city needed more yellow cabs. But he also was eager for revenue. He had a $3.8 billion hole in his budget.

    The sales put the taxi commission in an unusual position.

    It had a long history of being entangled with the industry. Its first chairman, appointed in 1971, was convicted of a bribery scheme involving an industry lobbyist. Four other leaders since then had worked in the business.

    It often sent staffers to conferences where companies involved in the taxi business paid for liquor, meals and tickets to shows, and at least one past member of its board had run for office in a campaign financed by the industry.

    Still, the agency had never been asked to generate so much money from the business it was supposed to be regulating.

    Former staffers said officials chose to sell medallions with the method they thought would bring in the most revenue: a series of limited auctions that required participants to submit sealed bids above ever-increasing minimums.

    Ahead of the sales, the city placed ads on television and radio, and in newspapers and newsletters, and held seminars promoting the “once-in-a-lifetime opportunity.”

    “Medallions have a long history as a solid investment with steady growth,” Mr. Daus wrote in one newsletter. In addition to guaranteed employment, he wrote, “a medallion is collateral that can assist in home financing, college tuition or even ‘worry-free’ retirement.”

    At the first auctions under Mr. Bloomberg in 2004, bids topped $300,000, surprising experts.

    Some former staffers said in interviews they believed the ad campaign inappropriately inflated prices by implying medallions would make buyers rich, no matter the cost. Seven said they complained.

    The city eventually added a disclaimer to ads, saying past performance did not guarantee future results. But it kept advertising.

    During the same period, the city also posted information on its website that said that medallion prices were, on average, 13 percent higher than they really were, according to a Times data analysis.

    In several interviews, Mr. Daus defended the ad campaigns, saying they reached people who had been unable to break into the tight market. The ads were true at the time, he said. He added he had never heard internal complaints about the ads.

    In all, the city held 16 auctions between 2004 and 2014.

    “People don’t realize how organized it is,” Andrew Murstein, president of Medallion Financial, a lender to medallion buyers, said in a 2011 interview with Tearsheet Podcast. “The City of New York, more or less, is our partner because they want to see prices go as high as possible.”

    Help from a federal agency

    New York City made more than $855 million from taxi medallion sales under Mayor Bill de Blasio and his predecessor, Michael R. Bloomberg.

    For decades, a niche banking system had grown up around the taxi industry, and at its center were about half a dozen nonprofit credit unions that specialized in medallion loans. But as the auctions continued, the families that ran the credit unions began to grow frustrated.

    Around them, they saw other lenders making money by issuing loans that they could not because of the rules governing credit unions. They recognized a business opportunity, and they wanted in.

    They found a receptive audience at the National Credit Union Administration.

    The N.C.U.A. was the small federal agency that regulated the nation’s credit unions. It set the rules, examined their books and insured their accounts.

    Like the city taxi commission, the N.C.U.A. had long had ties to the industry that it regulated. One judge had called it a “rogue federal agency” focused on promoting the industry.

    In 2004, its chairman was Dennis Dollar, a former Mississippi state representative who had previously worked as the chief executive of a credit union. He had just been inducted into the Mississippi Credit Union Hall of Fame, and he had said one of his top priorities was streamlining regulation.

    Dennis Dollar, the former chairman of the National Credit Union Administration, is now a consultant in the industry. 

    Under Mr. Dollar and others, the N.C.U.A. issued waivers that exempted medallion loans from longstanding rules, including a regulation requiring each loan to have a down payment of at least 20 percent. The waivers allowed the lenders to keep up with competitors and to write more profitable loans.

    Mr. Dollar, who left government to become a consultant for credit unions, said the agency was following the lead of Congress, which passed a law in 1998 exempting credit unions specializing in medallion loans from some regulations. The law signaled that those lenders needed leeway, such as the waivers, he said.

    “If we did not do so, the average cabdriver couldn’t get a medallion loan,” Mr. Dollar said.

    The federal law and the N.C.U.A. waivers were not the only benefits the industry received. The federal government also provided many medallion lenders with financial assistance and guaranteed a portion of their taxi loans, assuring that if those loans failed, they would still be partially paid, according to records and interviews.

    As lenders wrote increasingly risky loans, medallion prices neared $500,000 in 2006.

    ‘Snoozing and napping’

    Under Mr. Bloomberg, the New York City Taxi and Limousine Commission began selling 1,000 new medallions.

    Another agency was also supposed to be keeping an eye on lending practices. New York State banking regulators are required to inspect all financial institutions chartered in the state. But after 2008, they were forced to focus their attention on the banks most affected by the global economic meltdown, according to former employees.

    As a result, some industry veterans said, the state stopped examining medallion loans closely.

    “The state banking department would come in, and they’d be doing the exam in one room, and the N.C.U.A. would be in another room,” said Larry Fisher, who was then the medallion lending supervisor at Melrose Credit Union, one of the biggest lenders. “And you could catch the state banking department snoozing and napping and going on the internet and not doing much at all.”

    The state banking department, which is now called the New York Department of Financial Services, disputed that characterization and said it had acted consistently and appropriately.

    Former federal regulators described a similar trend at their agencies after the recession.

    Some former employees of the N.C.U.A., the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency said that as medallion prices climbed, they tried to raise issues with loans and were told not to worry. The Securities and Exchange Commission and the Federal Reserve Board also oversaw some lenders and did not intervene.

    A spokesman for the Federal Reserve said the agency was not a primary regulator of the taxi lending industry. The rest of the agencies declined to comment.

    “It was obvious that the loans were unusual and risky,” said Patrick Collins, a former N.C.U.A. examiner. But, he said, there was a belief inside his agency that the loans would be fine because the industry had been stable for decades.

    Meanwhile, in New York City, the taxi commission reduced oversight.

    For years, it had made medallion purchasers file forms describing how they came up with the money, including details on all loans. It also had required industry participants to submit annual disclosures on their finances, loans and conflicts of interest.

    But officials never analyzed the forms filed by buyers, and in the 2000s, they stopped requiring the annual disclosures altogether.

    “Reviewing these disclosures was an onerous lift for us,” the commission’s communications office said in a recent email.

    By 2008, the price of a medallion rose to $600,000.

    At around the same time, the commission began focusing on new priorities. It started developing the “Taxi of Tomorrow,” a model for future cabs.

    The agency’s main enforcement activities targeted drivers who cheated passengers or discriminated against people of color. “Nobody really scrutinized medallion transfers,” said Charles Tortorici, a former commission lawyer.

    A spokesman for Mr. Bloomberg said in a statement that during the mayor’s tenure, the city improved the industry by installing credit card machines and GPS devices, making fleets more environmentally efficient and creating green taxis for boroughs outside Manhattan.

    “The industry was always its own worst enemy, fighting every reform tooth and nail,” said the spokesman, Marc La Vorgna. “We put our energy and political capital into the reforms that most directly and immediately impacted the riding public.”

    Records show that since 2008, the taxi commission has not taken a single enforcement action against brokers, the powerful players who arrange medallion sales and loans.

    Alex Korenkov, a broker, suggested in an interview that he and other brokers took notice of the city’s hands-off approach.

    “Let’s put it this way,” he said. “If governing body does not care, then free-for-all.”

    By the time that Mr. Roth wrote his report at the Taxi and Limousine Commission in 2010, it was clear that something strange was happening in the medallion market.

    Mr. Daus gave a speech that year that mentioned the unusual lending practices. During the speech, he said banks were letting medallion buyers obtain loans without any down payment. Experts have since said that should have raised red flags. But at the time, Mr. Daus seemed pleased.

    “Some of these folks were offering zero percent down,” he said. “You tell me what bank walks around asking for zero percent down on a loan? It’s just really amazing.”

    In interviews, Mr. Daus acknowledged that the practice was unusual but said the taxi commission had no authority over lending.

    Inside the commission, at least four employees raised concerns about the medallion prices and lending practices, according to the employees, who described their own unease as well as Mr. Roth’s report.

    David S. Yassky, a former city councilman who succeeded Mr. Daus as commission chairman in 2010, said in an interview that he never saw Mr. Roth’s report.

    Mr. Yassky said the medallion prices puzzled him, but he could not determine if they were inflated, in part because people were still eager to buy. Medallions may have been undervalued for decades, and the price spike could have been the market recognizing the true value, he suggested.

    Meera Joshi, who became chairwoman in 2014, said in an interview that she was worried about medallion costs and lending practices but was pushed to prioritize other responsibilities. Dominic Williams, Mr. de Blasio’s chief policy adviser, said the city focused on initiatives such as improving accessibility because no one was complaining about loans.

    Worries about the taxi industry also emerged at the National Credit Union Administration. In late 2011, as the price of some medallions reached $800,000, a group of agency examiners wrote a paper on the risks in the industry, according to a recent report by the agency’s inspector general.

    In 2012, 2013 and 2014, inspectors routinely documented instances of credit unions violating lending rules, the inspector general’s report said.

    David S. Yassky, the former chairman of the New York City Taxi and Limousine Commission.

    The N.C.U.A. chose not to penalize medallion lenders or impose extra oversight. It did not take any wide industry action until April 2014, when it sent a letter reminding the credit unions in the taxi market to act responsibly.

    Former staffers said the agency was still focused on the fallout from the recession.

    A spokesman for the N.C.U.A. disputed that characterization and said the agency conducted appropriate enforcement.

    He added the agency took actions to ensure the credit unions remained solvent, which was its mission. He said Congress allowed the lenders to concentrate heavily on medallion loans, which left them vulnerable when Uber and Lyft arrived.

    At the New York Department of Financial Services, bank examiners noticed risky practices and interest-only loans and repeatedly wrote warnings starting in 2010, according to the state. At least one report expressed concern of a potential market bubble, the state said.

    Eventually, examiners became so concerned that they made a PowerPoint presentation and called a meeting in 2014 to show it to a dozen top officials.

    “Since 2001, individual medallion has risen 455%,” the presentation warned, according to a copy obtained by The Times. The presentation suggested state action, such as sending a letter to the industry or revoking charters from some lenders.

    The state did neither. The department had recently merged with the insurance department, and former employees said it was finding its footing.

    The department superintendent at the time, Benjamin M. Lawsky, a former aide to Gov. Andrew M. Cuomo, said he did not, as a rule, discuss his tenure at the department.

    In an emailed statement, the department denied it struggled after the merger and said it took action to stop the collapse of the medallion market. A department spokesman provided a long list of warnings, suggestions and guidelines that it said examiners had issued to lenders. He said that starting in 2012, the department downgraded some of its own internal ratings of the lenders.

    The list did not include any instances of the department formally penalizing a medallion lender, or making any public statement about the industry before it collapsed.

    Between 2010 and 2014, as officials at every level of government failed to rein in the risky lending practices, records show that roughly 1,500 people bought taxi medallions. Over all, including refinancings of old loans and extensions required by banks, medallion owners signed at least 10,000 loans in that time.

    Several regulators who tried to raise alarms said they believed the government stood aside because of the industry’s connections.

    Many pointed to one company — Medallion Financial, run by the Murstein family. Former Gov. Mario M. Cuomo, the current governor’s father, was a paid member of its board from 1996 until he died in 2015.

    Others noted that Mr. de Blasio has long been close to the industry. When he ran for mayor in 2013, an industry lobbyist, Michael Woloz, was a top fund-raiser, records show. And Evgeny Freidman, a major fleet owner who has admitted to artificially inflating medallion prices, has said he is close to the mayor.

    Some people, including Mr. Dollar, the former N.C.U.A. chairman, said Congress excepted the taxi trade from rules because the industry was supported by former United States Senator Alfonse D’Amato of New York, who was then the chairman of the Senate Banking Committee.

    “The taxi industry is one of the most politically connected industries in the city,” said Fidel Del Valle, who was the chairman of the taxi commission from 1991 to 1994. He later worked as a lawyer for drivers and a consultant to an owner association run by Mr. Freidman. “It’s been that way for decades, and they’ve used that influence to push back on regulation, with a lot of success.”

    A spokesman for Mr. Cuomo said Medallion Financial was not regulated by the state, so the elder Mr. Cuomo’s position on the board was irrelevant. A spokeswoman for Mr. de Blasio said the industry’s connections did not influence the city.

    Mr. Murstein, Mr. Woloz, Mr. Freidman and Mr. D’Amato all declined to comment.

    The aftermath
    “I think city will help me,” Mohammad Hossain, who is in deep debt from a taxi medallion loan, said at his family’s home in the Bronx.

    New York held its final independent medallion auction in February 2014. By then, concerns about medallion prices were common in the news media and government offices, and Uber had established itself. Still, the city sold medallions to more than 150 bidders. (“It’s better than the stock market,” one ad said.)

    Forty percent of the people who bought medallions at that auction have filed for bankruptcy, according to a Times analysis of court records.

    Mohammad Hossain, 47, from Bangladesh, who purchased a medallion for $853,000 at the auction, said he could barely make his monthly payments and was getting squeezed by his lender. “I bought medallion from the city,” he said through tears. “I think city will help me, you know. I assume that.”

    The de Blasio administration’s only major response to the crisis has been to push for a cap on ride-hail cars. The City Council at first rejected a cap in 2015 before approving it last year.

    Taxi industry veterans said the cap did not address the cause of the crisis: the lending practices.

    Richard Weinberg, a taxi commission hearing officer from 1988 to 2002 and a lawyer for drivers since then, said that when the medallion bubble began to burst, the city should have frozen prices, adjusted fares and fees and convinced banks to be flexible with drivers. That could have allowed prices to fall slowly. “That could’ve saved a lot of people,” he said.

    In an interview, Dean Fuleihan, the first deputy mayor, said the city did help taxi owners, including by reducing some fees, taxes and inspection mandates, and by talking to banks about loans. He said that if the City Council had passed the cap in 2015, it would have helped.

    “We do care about those drivers, we care about those families. We attempted throughout this period to take actions,” he said.

    Federal regulators also have not significantly helped medallion owners.

    In 2017 and 2018, the N.C.U.A. closed or merged several credit unions for “unsafe business practices” in medallion lending. It took over many of the loans, but did not soften terms, according to borrowers. Instead, it tried to get money out as quickly as possible.

    The failure of the credit unions has cost the national credit union insurance fund more than $750 million, which will hurt all credit union members.

    In August 2018, the N.C.U.A. closed Melrose in what it said was the biggest credit union liquidation in United States history. The agency barred Melrose’s general counsel from working for credit unions and brought civil charges against its former C.E.O., Alan Kaufman, saying he used company funds to help industry partners in exchange for gifts.

    The general counsel, Mitchell Reiver, declined to answer questions but said he did nothing wrong. Mr. Kaufman said in an interview that the N.C.U.A. made up the charges to distract from its role in the crisis.

    “I’m definitely a scapegoat,” Mr. Kaufman said. “There’s no doubt about it.”

    Glamour, then poverty
    After he struggled to repay his taxi medallion loan, Abel Vela left his family in New York and moved back to Peru, where living costs were cheaper. 

    During the medallion bubble, the city produced a television commercial to promote the permits. In the ad, which aired in 2004, four cabbies stood around a taxi discussing the perks of the job. One said buying a medallion was the best decision he had ever made. They all smiled. Then Mr. Daus appeared on screen to announce an auction.

    Fifteen years later, the cabbies remember the ad with scorn. Three of the four were eventually enticed to refinance their original loans under far riskier terms that left them in heavy debt.

    One of the cabbies, Abel Vela, had to leave his wife and children and return to his home country, Peru, because living costs were lower there. He is now 74 and still working to survive.

    The city aired a commercial in 2004 to promote an upcoming auction of taxi medallions. The ad featured real cab drivers, but three of them eventually took on risky loans and suffered financial blows.
    The only woman in the ad, Marie Applyrs, a Haitian immigrant, fell behind on her loan payments and filed for bankruptcy in November 2017. She lost her cab, and her home. She now lives with her children, switching from home to home every few months.

    “When the ad happened, the taxi was in vogue. I think I still have the tape somewhere. It was glamorous,” she said. “Now, I’m in the poorhouse.”

    Today, the only person from the television commercial still active in the industry is Mr. Daus. He works as a lawyer for lenders.

    [Read Part 1 of The Times’s investigation: How Reckless Loans Devastated a Generation of Taxi Drivers]

    Madeline Rosenberg contributed reporting. Doris Burke contributed research. Produced by Jeffrey Furticella and Meghan Louttit.

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • ‘They Were Conned’: How Reckless Loans Devastated a Generation of Taxi Drivers - The New York Times
    https://www.nytimes.com/2019/05/19/nyregion/nyc-taxis-medallions-suicides.html


    Mohammed Hoque with his three children in their studio apartment in Jamaica, Queens.

    May 19, 2019 - The phone call that ruined Mohammed Hoque’s life came in April 2014 as he began another long day driving a New York City taxi, a job he had held since emigrating from Bangladesh nine years earlier.

    The call came from a prominent businessman who was selling a medallion, the coveted city permit that allows a driver to own a yellow cab instead of working for someone else. If Mr. Hoque gave him $50,000 that day, he promised to arrange a loan for the purchase.

    After years chafing under bosses he hated, Mr. Hoque thought his dreams of wealth and independence were coming true. He emptied his bank account, borrowed from friends and hurried to the man’s office in Astoria, Queens. Mr. Hoque handed over a check and received a stack of papers. He signed his name and left, eager to tell his wife.

    Mr. Hoque made about $30,000 that year. He had no idea, he said later, that he had just signed a contract that required him to pay $1.7 million.

    Over the past year, a spate of suicides by taxi drivers in New York City has highlighted in brutal terms the overwhelming debt and financial plight of medallion owners. All along, officials have blamed the crisis on competition from ride-hailing companies such as Uber and Lyft.

    But a New York Times investigation found much of the devastation can be traced to a handful of powerful industry leaders who steadily and artificially drove up the price of taxi medallions, creating a bubble that eventually burst. Over more than a decade, they channeled thousands of drivers into reckless loans and extracted hundreds of millions of dollars before the market collapsed.

    These business practices generated huge profits for bankers, brokers, lawyers, investors, fleet owners and debt collectors. The leaders of nonprofit credit unions became multimillionaires. Medallion brokers grew rich enough to buy yachts and waterfront properties. One of the most successful bankers hired the rap star Nicki Minaj to perform at a family party.

    But the methods stripped immigrant families of their life savings, crushed drivers under debt they could not repay and engulfed an industry that has long defined New York. More than 950 medallion owners have filed for bankruptcy, according to a Times analysis of court records. Thousands more are barely hanging on.

    The practices were strikingly similar to those behind the housing market crash that led to the 2008 global economic meltdown: Banks and loosely regulated private lenders wrote risky loans and encouraged frequent refinancing; drivers took on debt they could not afford, under terms they often did not understand.

    Some big banks even entered the taxi industry in the aftermath of the housing crash, seeking a new market, with new borrowers.

    The combination of easy money, eager borrowers and the lure of a rare asset helped prices soar far above what medallions were really worth. Some industry leaders fed the frenzy by purposefully overpaying for medallions in order to inflate prices, The Times found.

    Between 2002 and 2014, the price of a medallion rose to more than $1 million from $200,000, even though city records showed that driver incomes barely changed.

    About 4,000 drivers bought medallions in that period, records show. They were excited to buy, but they were enticed by a dubious premise.

    What Actually Happened to New York’s Taxi DriversMay 28, 2019

    After the medallion market collapsed, Mayor Bill de Blasio opted not to fund a bailout, and earlier this year, the City Council speaker, Corey Johnson, shut down the committee overseeing the taxi industry, saying it had completed most of its work.

    Over 10 months, The Times interviewed 450 people, built a database of every medallion sale since 1995 and reviewed thousands of individual loans and other documents, including internal bank records and confidential profit-sharing agreements.

    The investigation found example after example of drivers trapped in exploitative loans, including hundreds who signed interest-only loans that required them to pay exorbitant fees, forfeit their legal rights and give up almost all their monthly income, indefinitely.

    A Pakistani immigrant who thought he was just buying a car ended up with a $780,000 medallion loan that left him unable to pay rent. A Bangladeshi immigrant said he was told to lie about his income on his loan application; he eventually lost his medallion. A Haitian immigrant who worked to exhaustion to make his monthly payments discovered he had been paying only interest and went bankrupt.

    Abdur Rahim, who is from Bangladesh, is one of several cab drivers who allege they were duped into signing exploitative loans. 
    It is unclear if the practices violated any laws. But after reviewing The Times’s findings, experts said the methods were among the worst that have been used since the housing crash.

    “I don’t think I could concoct a more predatory scheme if I tried,” said Roger Bertling, the senior instructor at Harvard Law School’s clinic on predatory lending and consumer protection. “This was modern-day indentured servitude.”

    Lenders developed their techniques in New York but spread them to Chicago, Boston, San Francisco and elsewhere, transforming taxi industries across the United States.

    In interviews, lenders denied wrongdoing. They noted that regulators approved their practices, and said some borrowers made poor decisions and assumed too much debt. They said some drivers were happy to use climbing medallion values as collateral to take out cash, and that those who sold their medallions at the height of the market made money.

    The lenders said they believed medallion values would keep increasing, as they almost always had. No one, they said, could have predicted Uber and Lyft would emerge to undercut the business.

    “People love to blame banks for things that happen because they’re big bad banks,” said Robert Familant, the former head of Progressive Credit Union, a small nonprofit that specialized in medallion loans. “We didn’t do anything, in my opinion, other than try to help small businesspeople become successful.”

    Mr. Familant made about $30 million in salary and deferred payouts during the bubble, including $4.8 million in bonuses and incentives in 2014, the year it burst, according to disclosure forms.

    Meera Joshi, who joined the Taxi and Limousine Commission in 2011 and became chairwoman in 2014, said it was not the city’s job to regulate lending. But she acknowledged that officials saw red flags and could have done something.

    “There were lots of players, and lots of people just watched it happen. So the T.L.C. watched it happen. The lenders watched it happen. The borrowers watched it happen as their investment went up, and it wasn’t until it started falling apart that people started taking action and pointing fingers,” said Ms. Joshi, who left the commission in March. “It was a party. Why stop it?”

    Every day, about 250,000 people hail a New York City yellow taxi. Most probably do not know they are participating in an unconventional economic system about as old as the Empire State Building.

    The city created taxi medallions in 1937. Unlicensed cabs crowded city streets, so officials designed about 12,000 specialized tin plates and made it illegal to operate a taxi without one bolted to the hood of the car. The city sold each medallion for $10.

    People who bought medallions could sell them, just like any other asset. The only restriction: Officials designated roughly half as “independent medallions” and eventually required that those always be owned by whoever was driving that cab.

    Over time, as yellow taxis became symbols of New York, a cutthroat industry grew around them. A few entrepreneurs obtained most of the nonindependent medallions and built fleets that controlled the market. They were family operations largely based in the industrial neighborhoods of Hell’s Kitchen in Manhattan and Long Island City in Queens.

    Allegations of corruption, racism and exploitation dogged the industry. Some fleet bosses were accused of cheating drivers. Some drivers refused to go outside Manhattan or pick up black and Latino passengers. Fleet drivers typically worked 60 hours a week, made less than minimum wage and received no benefits, according to city studies.

    Still, driving could serve as a path to the middle class. Drivers could save to buy an independent medallion, which would increase their earnings and give them an asset they could someday sell for a retirement nest egg.

    Those who borrowed money to buy a medallion typically had to submit a large down payment and repay within five to 10 years.

    The conservative lending strategy produced modest returns. The city did not release new medallions for almost 60 years, and values slowly climbed, hitting $100,000 in 1985 and $200,000 in 1997.

    “It was a safe and stable asset, and it provided a good life for those of us who were lucky enough to buy them,” said Guy Roberts, who began driving in 1979 and eventually bought medallions and formed a fleet. “Not an easy life, but a good life.”

    “And then,” he said, “everything changed.”

    – Before coming to America, Mohammed Hoque lived comfortably in Chittagong, a city on Bangladesh’s southern coast. He was a serious student and a gifted runner, despite a small and stocky frame. His father and grandfather were teachers; he said he surpassed them, becoming an education official with a master’s degree in management. He supervised dozens of schools and traveled on a government-issued motorcycle. In 2004, when he was 33, he married Fouzia Mahabub. -

    That same year, several of his friends signed up for the green card lottery, and their thirst for opportunity was contagious. He applied, and won.

    His wife had an uncle in Jamaica, Queens, so they went there. They found a studio apartment. Mr. Hoque wanted to work in education, but he did not speak enough English. A friend recommended the taxi industry.

    It was an increasingly common move for South Asian immigrants. In 2005, about 40 percent of New York cabbies were born in Bangladesh, India or Pakistan, according to the United States Census Bureau. Over all, just 9 percent were born in the United States.

    Mr. Hoque and his wife emigrated from Bangladesh, and have rented the same apartment in Queens since 2005.

    Mr. Hoque joined Taxifleet Management, a large fleet run by the Weingartens, a Russian immigrant family whose patriarchs called themselves the “Three Wise Men.”

    He worked 5 a.m. to 5 p.m., six days a week. On a good day, he said, he brought home $100. He often felt lonely on the road, and he developed back pain from sitting all day and diabetes, medical records show.

    He could have worked fewer shifts. He also could have moved out of the studio. But he drove as much as feasible and spent as little as possible. He had heard the city would soon be auctioning off new medallions. He was saving to buy one.

    Andrew Murstein, left, with his father, Alvin.CreditChester Higgins Jr./The New York Times
    In the early 2000s, a new generation took power in New York’s cab industry. They were the sons of longtime industry leaders, and they had new ideas for making money.

    Few people represented the shift better than Andrew Murstein.

    Mr. Murstein was the grandson of a Polish immigrant who bought one of the first medallions, built one of the city’s biggest fleets and began informally lending to other buyers in the 1970s. Mr. Murstein attended business school and started his career at Bear Stearns and Salomon Brothers, the investment banks.

    When he joined the taxi business, he has said, he pushed his family to sell off many medallions and to establish a bank to focus on lending. Medallion Financial went public in 1996. Its motto was, “In niches, there are riches.”

    Dozens of industry veterans said Mr. Murstein and his father, Alvin, were among those who helped to move the industry to less conservative lending practices. The industry veterans said the Mursteins, as well as others, started saying medallion values would always rise and used that idea to focus on lending to lower-income drivers, which was riskier but more profitable.

    The strategy began to be used by the industry’s other major lenders — Progressive Credit Union, Melrose Credit Union and Lomto Credit Union, all family-run nonprofits that made essentially all their money from medallion loans, according to financial disclosures.

    “We didn’t want to be the one left behind,” said Monte Silberger, Lomto’s controller and then chief financial officer from 1999 to 2017.

    The lenders began accepting smaller down payments. By 2013, many medallion buyers were not handing over any down payment at all, according to an analysis of buyer applications submitted to the city.

    “It got to a point where we didn’t even check their income or credit score,” Mr. Silberger said. “It didn’t matter.”

    Lenders also encouraged existing borrowers to refinance and take out more money when medallion prices rose, according to interviews with dozens of borrowers and loan officers. There is no comprehensive data, but bank disclosures suggest that thousands of owners refinanced.

    Industry veterans said it became common for owners to refinance to buy a house or to put children through college. “You’d walk into the bank and walk out 30 minutes later with an extra $200,000,” said Lou Bakalar, a broker who arranged loans.

    Yvon Augustin has been living with help from his children ever since he declared bankruptcy and lost his taxi medallion.

    Some pointed to the refinancing to argue that irresponsible borrowers fueled the crisis. “Medallion owners were misusing it,” said Aleksey Medvedovskiy, a fleet owner who also worked as a broker. “They used it as an A.T.M.”

    As lenders loosened standards, they increased returns. Rather than raising interest rates, they made borrowers pay a mix of costs — origination fees, legal fees, financing fees, refinancing fees, filing fees, fees for paying too late and fees for paying too early, according to a Times review of more than 500 loans included in legal cases. Many lenders also made borrowers split their loan and pay a much higher rate on the second loan, documents show.

    Lenders also extended loan lengths. Instead of requiring repayment in five or 10 years, they developed deals that lasted as long as 50 years, locking in decades of interest payments. And some wrote interest-only loans that could continue forever.

    “We couldn’t figure out why the company was doing so many interest-only loans,” said Michelle Pirritano, a Medallion Financial loan analyst from 2007 to 2011. “It was a good revenue stream, but it didn’t really make sense as a loan. I mean, it wasn’t really a loan, because it wasn’t being repaid.”

    Almost every loan reviewed by The Times included a clause that spiked the interest rate to as high as 24 percent if it was not repaid in three years. Lenders included the clause — called a “balloon” — so that borrowers almost always had to extend the loan, possibly at a higher rate than in the original terms, and with additional fees.

    Yvon Augustin was caught in one of those loans. He bought a medallion in 2006, a decade after emigrating from Haiti. He said he paid $2,275 every month — more than half his income, he said — and thought he was paying off the loan. But last year, his bank used the balloon to demand that he repay everything. That is when he learned he had been paying only the interest, he said.

    Mr. Augustin, 69, declared bankruptcy and lost his medallion. He lives off assistance from his children.

    During the global financial crisis, Eugene Haber, a lawyer for the taxi industry, started getting calls from bankers he had never met.

    Mr. Haber had written a template for medallion loans in the 1970s. By 2008, his thick mustache had turned white, and he thought he knew everybody in the industry. Suddenly, new bankers began calling his suite in a Long Island office park. Capital One, Signature Bank, New York Commercial Bank and others wanted to issue medallion loans, he said.

    Some of the banks were looking for new borrowers after the housing market collapsed, Mr. Haber said. “They needed somewhere else to invest,” he said. He said he represented some banks at loan signings but eventually became embittered because he believed banks were knowingly lending to people who could not repay.

    Instead of lending directly, the big banks worked through powerful industry players. They enlisted large fleet owners and brokers — especially Neil Greenbaum, Richard Chipman, Savas Konstantinides, Roman Sapino and Basil Messados — to use the banks’ money to lend to medallion buyers. In return, the owners and brokers received a cut of the monthly payments and sometimes an additional fee.

    The fleet owners and brokers, who technically issued the loans, did not face the same scrutiny as banks.

    “They did loans that were frankly insane,” said Larry Fisher, who from 2003 to 2016 oversaw medallion lending at Melrose Credit Union, one of the biggest lenders originally in the industry. “It contributed to the price increases and put a lot of pressure on the rest of us to keep up.”

    Evgeny Freidman, a fleet owner, has said he purposely overbid for taxi medallions in order to drive up their value.CreditSasha Maslov
    Still, Mr. Fisher said, Melrose followed lending rules. “A lot of people tend to blame others for their own misfortune,” he said. “If they want to blame the lender for the medallion going down the tubes the way it has, I think they’re misplaced.”

    Mr. Konstantinides, a fleet owner and the broker and lender who arranged Mr. Hoque’s loans, said every loan issued by his company abided by federal and state banking guidelines. “I am very sympathetic to the plight of immigrant families who are seeking a better life in this country and in this city,” said Mr. Konstantinides, who added that he was also an immigrant.

    Walter Rabin, who led Capital One’s medallion lending division between 2007 and 2012 and has led Signature Bank’s medallion lending division since, said he was one of the industry’s most conservative lenders. He said he could not speak for the brokers and fleet owners with whom he worked.

    Mr. Rabin and other Signature executives denied fault for the market collapse and blamed the city for allowing ride-hail companies to enter with little regulation. “It’s the City of New York that took the biggest advantage of the drivers,” said Joseph J. DePaolo, the president and chief executive of Signature. “It’s not the banks.”

    New York Commercial Bank said in a statement that it began issuing medallion loans before the housing crisis and that they were a very small part of its business. The bank did not engage in risky lending practices, a spokesman said.

    Mr. Messados said in an interview that he disagreed with interest-only loans and other one-sided terms. But he said he was caught between banks developing the loans and drivers clamoring for them. “They were insisting on this,” he said. “What are you supposed to do? Say, ‘I’m not doing the sale?’”

    Several lenders challenged the idea that borrowers were unsophisticated. They said that some got better deals by negotiating with multiple lenders at once.

    Mr. Greenbaum, Mr. Chipman and Mr. Sapino declined to comment, as did Capital One.

    Some fleet owners worked to manipulate prices. In the most prominent example, Evgeny Freidman, a brash Russian immigrant who owned so many medallions that some called him “The Taxi King,” said he purposefully overpaid for medallions sold at city auctions. He reasoned that the higher prices would become the industry standard, making the medallions he already owned worth more. Mr. Freidman, who was partners with Michael Cohen, President Trump’s former lawyer, disclosed the plan in a 2012 speech at Yeshiva University. He recently pleaded guilty to felony tax fraud. He declined to comment.

    As medallion prices kept increasing, the industry became strained. Drivers had to work longer hours to make monthly payments. Eventually, loan records show, many drivers had to use almost all their income on payments.

    “The prices got to be ridiculous,” said Vincent Sapone, the retired manager of the League of Mutual Taxi Owners, an owner association. “When it got close to $1 million, nobody was going to pay that amount of money, unless they came from another country. Nobody from Brooklyn was going to pay that.”

    Some drivers have alleged in court that lenders tricked them into signing loans.

    Muhammad Ashraf, who is not fluent in English, said he thought he was getting a loan to purchase a car but ended up in debt to buy a taxi medallion instead.

    Muhammad Ashraf, a Pakistani immigrant, alleged that a broker, Heath Candero, duped him into a $780,000 interest-only loan. He said in an interview in Urdu that he could not speak English fluently and thought he was just signing a loan to buy a car. He said he found out about the loan when his bank sued him for not fully repaying. The bank eventually decided not to pursue a case against Mr. Ashraf. He also filed a lawsuit against Mr. Candero. That case was dismissed. A lawyer for Mr. Candero declined to comment.

    Abdur Rahim, a Bangladeshi immigrant, alleged that his lender, Bay Ridge Credit Union, inserted hidden fees. In an interview, he added he was told to lie on his loan application. The application, reviewed by The Times, said he made $128,389, but he said his tax return showed he made about $25,000. In court, Bay Ridge has denied there were hidden fees and said Mr. Rahim was “confusing the predatory-lending statute with a mere bad investment.” The credit union declined to comment.

    Several employees of lenders said they were pushed to write loans, encouraged by bonuses and perks such as tickets to sporting events and free trips to the Bahamas.

    They also said drivers almost never had lawyers at loan closings. Borrowers instead trusted their broker to represent them, even though, unbeknown to them, the broker was often getting paid by the bank.

    Stan Zurbin, who between 2009 and 2012 did consulting work for a lender that issued medallion loans, said that as prices rose, lenders in the industry increasingly lent to immigrants.

    “They didn’t have 750 credit scores, let’s just say,” he said. “A lot of them had just come into the country. A lot of them just had no idea what they were signing.”

    The $1 million medallion
    Video
    Mrs. Hoque did not want her husband to buy a medallion. She wanted to use their savings to buy a house. They had their first child in 2008, and they planned to have more. They needed to leave the studio apartment, and she thought a home would be a safer investment.

    But Mr. Hoque could not shake the idea, especially after several friends bought medallions at the city’s February 2014 auction.

    One friend introduced him to a man called “Big Savas.” It was Mr. Konstantinides, a fleet owner who also had a brokerage and a lending company, Mega Funding.

    The call came a few weeks later. A medallion owner had died, and the family was selling for $1 million.

    Mr. Hoque said he later learned the $50,000 he paid up front was just for taxes. Mega eventually requested twice that amount for fees and a down payment, records show. Mr. Hoque said he maxed out credit cards and borrowed from a dozen friends and relatives.

    Fees and interest would bring the total repayment to more than $1.7 million, documents show. It was split into two loans, both issued by Mega with New York Commercial Bank. The loans made him pay $5,000 a month — most of the $6,400 he could earn as a medallion owner.

    Mohammed Hoque’s Medallion Loans Consumed Most of His Taxi Revenue
    After paying his two medallion loans and business costs, Mr. Hoque had about $1,400 left over each month to pay the rent on his studio apartment in Queens and cover his living expenses.

    Estimated monthly revenue $11,845

    Gas $1,500

    Income after expenses $1,400

    Vehicle maintenance $1,300

    Medallion loan 1 $4,114

    Insurance $1,200

    Car loan $650

    Credit card fees $400

    Medallion loan 2 $881

    Other work-related expenses $400

    By the time the deal closed in July 2014, Mr. Hoque had heard of a new company called Uber. He wondered if it would hurt the business, but nobody seemed to be worried.

    As Mr. Hoque drove to the Taxi and Limousine Commission’s downtown office for final approval of the purchase, he fantasized about becoming rich, buying a big house and bringing his siblings to America. After a commission official reviewed his application and loan records, he said he was ushered into the elegant “Taxi of Tomorrow” room. An official pointed a camera. Mr. Hoque smiled.

    “These are little cash cows running around the city spitting out money,” Mr. Murstein said, beaming in a navy suit and pink tie.

    He did not mention he was quietly leaving the business, a move that would benefit him when the market collapsed.

    By the time of the appearance, Medallion Financial had been cutting the number of medallion loans on its books for years, according to disclosures it filed with the Securities and Exchange Commission. Mr. Murstein later said the company started exiting the business and focusing on other ventures before 2010.

    Mr. Murstein declined numerous interview requests. He also declined to answer some written questions, including why he promoted medallions while exiting the business. In emails and through a spokesman, he acknowledged that Medallion Financial reduced down payments but said it rarely issued interest-only loans or charged borrowers for repaying loans too early.

    “Many times, we did not match what our competitors were willing to do and in retrospect, thankfully, we lost the business,” he wrote to The Times.

    Interviews with three former staffers, and a Times review of loan documents that were filed as part of lawsuits brought by Medallion Financial against borrowers, indicate the company issued many interest-only loans and routinely included a provision allowing it to charge borrowers for repaying loans too early.

    Other lenders also left the taxi industry or took precautions long before the market collapsed.

    The credit unions specializing in the industry kept making new loans. But between 2010 and 2014, they sold the loans to other financial institutions more often than in the previous five years, disclosure forms show. Progressive Credit Union, run by Mr. Familant, sold loans off almost twice as often, the forms show. By 2012, that credit union was selling the majority of the loans it issued.

    In a statement, Mr. Familant said the selling of loans was a standard banking practice that did not indicate a lack of confidence in the market.

    Several banks used something called a confession of judgment. It was an obscure document in which the borrower admitted defaulting on the loan — even before taking out any money at all — and authorized the bank to do whatever it wanted to collect.

    Larry Fisher was the medallion lending supervisor at Melrose Credit Union, one of the biggest lenders originally in the industry, from 2003 to 2016.
    Congress has banned that practice in consumer loans, but not in business loans, which is how lenders classified medallion deals. Many states have barred it in business loans, too, but New York is not among them.

    Even as some lenders quietly braced for the market to fall, prices kept rising, and profits kept growing.

    By 2014, many of the people who helped create the bubble had made millions of dollars and invested it elsewhere.

    Medallion Financial started focusing on lending to R.V. buyers and bought a professional lacrosse team and a Nascar team, painting the car to look like a taxi. Mr. Murstein and his father made more than $42 million between 2002 and 2014, disclosures show. In 2015, Ms. Minaj, the rap star, performed at his son’s bar mitzvah.

    The Melrose C.E.O., Alan Kaufman, had the highest base salary of any large state-chartered credit union leader in America in 2013 and 2015, records show. His medallion lending supervisor, Mr. Fisher, also made millions.

    It is harder to tell how much fleet owners and brokers made, but in recent years news articles have featured some of them with new boats and houses.

    Mr. Messados’s bank records, filed in a legal case, show that by 2013, he had more than $50 million in non-taxi assets, including three homes and a yacht.

    The bubble bursts

    At least eight drivers have committed suicide, including three medallion owners with overwhelming loans.
    The medallion bubble burst in late 2014. Uber and Lyft may have hastened the crisis, but virtually all of the hundreds of industry veterans interviewed for this article, including many lenders, said inflated prices and risky lending practices would have caused a collapse even if ride-hailing had never been invented.

    At the market’s height, medallion buyers were typically earning about $5,000 a month and paying about $4,500 to their loans, according to an analysis by The Times of city data and loan documents. Many owners could make their payments only by refinancing when medallion values increased, which was unsustainable, some loan officers said.

    City data shows that since Uber entered New York in 2011, yellow cab revenue has decreased by about 10 percent per cab, a significant bite for low-earning drivers but a small drop compared with medallion values, which initially rose and then fell by 90 percent.

    As values fell, borrowers asked for breaks. But many lenders went the opposite direction. They decided to leave the business and called in their loans.

    They used the confessions to get hundreds of judgments that would allow them to take money from bank accounts, court records show. Some tried to get borrowers to give up homes or a relative’s assets. Others seized medallions and quickly resold them for profit, while still charging the original borrowers fees and extra interest. Several drivers have alleged in court that their lenders ordered them to buy life insurance.

    Many lenders hired a debt collector, Anthony Medina, to seize medallions from borrowers who missed payments.

    The scars left on cabs after medallions were removed.

    Mr. Medina left notes telling borrowers they had to give the lender “relief” to get their medallions back. The notes, which were reviewed by The Times, said the seizure was “authorized by vehicle apprehension unit.” Some drivers said Mr. Medina suggested he was a police officer and made them meet him at a park at night and pay $550 extra in cash.

    One man, Jean Demosthenes, a 64-year-old Haitian immigrant who could not speak English, said in an interview in Haitian Creole that Mr. Medina cornered him in Midtown, displayed a gun and took his car.

    In an interview, Mr. Medina denied threatening anyone with a gun. He said he requested cash because drivers who had defaulted could not be trusted to write good checks. He said he met drivers at parks and referred to himself as the vehicle apprehension unit because he wanted to hide his identity out of fear he could be targeted by borrowers.

    “You’re taking words from people that are deadbeats and delinquent people. Of course, they don’t want to see me,” he said. “I’m not the bad guy. I’m just the messenger from the bank.”

    Some lenders, especially Signature Bank, have let borrowers out of their loans for one-time payments of about $250,000. But to get that money, drivers have had to find new loans. Mr. Greenbaum, a fleet owner, has provided many of those loans, sometimes at interest rates of up to 15 percent, loan documents and interviews showed.

    New York Commercial Bank said in its statement it also had modified some loans.

    Other drivers lost everything. Most of the more than 950 owners who declared bankruptcy had to forfeit their medallions. Records indicate many were bought by hedge funds hoping for prices to rise. For now, cabs sit unused.

    Jean Demosthenes said his medallion was repossessed by a man with a gun. The man denied that he was armed.

    Bhairavi Desai, founder of the Taxi Workers Alliance, which represents drivers and independent owners, has asked the city to bail out owners or refund auction purchasers. Others have urged the city to pressure banks to forgive loans or soften terms.

    After reviewing The Times’s findings, Deepak Gupta, a former top official at the United States Consumer Financial Protection Bureau, said the New York Attorney General’s Office should investigate lenders.

    Mr. Gupta also said the state should close the loophole that let lenders classify medallion deals as business loans, even though borrowers had to guarantee them with everything they owned. Consumer loans have far more disclosure rules and protections.

    “These practices were indisputably predatory and would be illegal if they were considered consumer loans, rather than business loans,” he said.

    Last year, amid eight known suicides of drivers, including three medallion owners with overwhelming loans, the city passed a temporary cap on ride-hailing cars, created a task force to study the industry and directed the city taxi commission to do its own analysis of the debt crisis.

    Earlier this year, the Council eliminated the committee overseeing the industry after its chairman, Councilman Rubén Díaz Sr. of the Bronx, said the Council was “controlled by the homosexual community.” The speaker, Mr. Johnson, said, “The vast majority of the legislative work that we have been looking at has already been completed.”

    In a statement, a council spokesman said the committee’s duties had been transferred to the Committee on Transportation. “The Council is working to do as much as it can legislatively to help all drivers,” the spokesman said.

    As of last week, no one had been appointed to the task force.

    On the last day of 2018, Mr. and Mrs. Hoque brought their third child home from the hospital.

    Mr. Hoque cleared space for the boy’s crib, pushing aside his plastic bags of T-shirts and the fan that cooled the studio. He looked around. He could not believe he was still living in the same room.

    His loan had quickly faltered. He could not make the payments and afford rent, and his medallion was seized. Records show he paid more than $12,000 to Mega, and he said he paid another $550 to Mr. Medina to get it back. He borrowed from friends, promising it would not happen again. Then it happened four more times, he said.

    Mr. Konstantinides, the broker, said in his statement that he met with Mr. Hoque many times and twice modified one of his loans in order to lower his monthly payments. He also said he gave Mr. Hoque extra time to make some payments.

    In all, between the initial fees, monthly payments and penalties after the seizures, Mr. Hoque had paid about $400,000 into the medallion by the beginning of this year.

    But he still owed $915,000 more, plus interest, and he did not know what to do. Bankruptcy would cost money, ruin his credit and remove his only income source. And it would mean a shameful end to years of hard work. He believed his only choice was to keep working and to keep paying.

    His cab was supposed to be his ticket to money and freedom, but instead it seemed like a prison cell. Every day, he got in before the sun rose and stayed until the sky began to darken. Mr. Hoque, now 48, tried not to think about home, about what he had given up and what he had dreamed about.

    “It’s an unhuman life,” he said. “I drive and drive and drive. But I don’t know what my destination is.”

    [Read Part 2 of The Times’s investigation: As Thousands of Taxi Drivers Were Trapped in Loans, Top Officials Counted the Money]

    Reporting was contributed by Emma G. Fitzsimmons, Suzanne Hillinger, Derek M. Norman, Elisha Brown, Lindsey Rogers Cook, Pierre-Antoine Louis and Sameen Amin. Doris Burke and Susan Beachy contributed research. Produced by Jeffrey Furticella and Meghan Louttit.

    Follow Brian M. Rosenthal on Twitter at @brianmrosenthal

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • Hundreds of Europeans ‘criminalised’ for helping migrants – as far right aims to win big in European elections

    Elderly women, priests and firefighters among those arrested, charged or ‘harassed’ by police for supporting migrants, with numbers soaring in the past 18 months.

    These cases – compiled from news reports and other records from researchers, NGOs and activist groups, as well as new interviews across Europe – suggest a sharp increase in the number of people targeted since the start of 2018. At least 100 people were arrested, charged or investigated last year (a doubling of that figure for the preceding year).


    https://www.opendemocracy.net/en/5050/hundreds-of-europeans-criminalised-for-helping-migrants-new-data-show
    #délit_de_solidarité #solidarité #asile #migrations #réfugiés #Europe
    #Allemagne #criminalisation #statistiques #chiffres #Suisse #Danemark #Espagne #France #journalisme #journalistes #presse #Grèce #Calais

    #Norbert_Valley #Christian_Hartung #Miguel_Roldan #Lise_Ramslog #Claire_Marsol #Anouk_Van_Gestel #Lisbeth_Zornig_Andersen #Daphne_Vloumidi #Mikael_Lindholm #Fernand_Bosson #Benoit_Duclois #Mussie_Zerai #Manuel_Blanco #Tom_Ciotkowski #Rob_Lawrie

    ping @isskein @karine4

    • The creeping criminalisation of humanitarian aid

      At the heart of the trial of a volunteer with American migrant aid group No More Deaths that began in Arizona last week lies the question of when humanitarian aid crosses the line and becomes a criminal offence.

      Scott Warren, 37, faces three felony charges after he helped two undocumented migrants by providing them food, shelter, and transportation over three days in January 2018 – his crime, prosecutors say, wasn’t helping people but hiding them from law enforcement officers.

      Whichever way the case goes, humanitarian work appears to be under growing threat of criminalisation by certain governments.

      Aid organisations have long faced suspensions in difficult operating environments due to geopolitical or domestic political concerns – from Pakistan to Sudan to Burundi – but they now face a new criminalisation challenge from Western governments, whether it’s rescue missions in the Mediterranean or toeing the US counter-terror line in the Middle East.

      As aid workers increasingly find themselves in the legal crosshairs, here’s a collection of our reporting to draw attention to this emerging trend.

      http://www.thenewhumanitarian.org/news/2019/06/07/creeping-criminalisation-humanitarian-aid

      Dans l’article une liste d’articles poubliés dans The New Humanitarian sur le délit de solidarité un peu partout dans le #monde...

    • European activists fight back against ‘criminalisation’ of aid for migrants and refugees

      More and more people are being arrested across Europe for helping migrants and refugees. Now, civil society groups are fighting back against the 17-year-old EU policy they say lies at the root of what activists and NGOs have dubbed the “criminalisation of solidarity”.

      http://www.thenewhumanitarian.org/news-feature/2019/06/20/european-activists-fight-criminalisation-aid-migrants-refugees

      Et le #rapport:
      Crackdown on NGOs and volunteers helping refugees and other migrants


      http://www.resoma.eu/sites/resoma/resoma/files/policy_brief/pdf/Final%20Synthetic%20Report%20-%20Crackdown%20on%20NGOs%20and%20volunteers%20h

    • Documentan incremento de amenazas contra defensores de migrantes tras acuerdo con EU

      Tras el acuerdo migratorio que México y los Estados Unidos firmaron el pasado junio, se han incrementado los riesgos y amenazas que sufren las y los activistas que defienden a migrantes en Centroamérica, México y Estados Unidos. Esa es la conclusión del informe “Defensores sin muros: personas defensoras de Derechos Humanos criminalizadas en Centroamérica, México y Estados Unidos”, elaborado por la ONG Frontline Defenders, el Programa de Asuntos Migratorios de la Universidad Iberoamericana y la Red Nacional de Organismos Civiles Todos los Derechos para Todas y Todos. El documento identifica 69 eventos de detención, amenazas, acoso, difamación, agresión, deportación, vigilancia o negación de entrada a un país. La mayoría de ellos, 41, tuvieron lugar durante 2019, según un listado que acompaña al informe. Uno de los grandes hallazgos: la existencia de colaboración entre México y Estados Unidos para cerrar el paso a los migrantes y perseguir a los activistas. “Los gobiernos tienen relaciones tensas, difíciles, complicadas. México y Estados Unidos están pasando por uno de sus peores momentos en bilaterales, pero cuando se trata de cooperar para restringir Derechos Humanos hay colaboración absoluta”, dijo Carolina Jiménez, de Amnistía Internacional. Entre estas colaboraciones destaca un trabajo conjunto de ambos países para identificar a activistas y periodistas que quedaron fichados en un registro secreto. El informe se presentó ayer en la Ciudad de México, al mismo tiempo en el que el presidente estadounidense, Donald Trump, habló ante la asamblea general de las Naciones Unidas, agradeciendo al presidente Andrés Manuel López Obrador “por la gran cooperación que estamos recibiendo y por poner a 27 mil soldados en nuestra frontera sur”.

      https://www.educaoaxaca.org/documentan-incremento-de-amenazas-contra-defensores-de-migrantes-tras-a
      #Amérique_centrale #Mexique

    • Migration and the Shrinking Humanitarian Space in Europe

      As of October 10th, 1071 deaths of migrants were recorded in the Mediterranean in 2019.[1] In their attempt to save lives, civilian maritime search and rescue organisations like Sea Watch or Proactive Open Arms have gained high levels of media attention over the last years. Cases such as the arrest of the captain of the Sea Watch 3, Carola Rackete, in June 2019 or the three weeks odyssey of Open Arms in August 2019 dominate the media and public discourse in Europe. The closing of ports in Italy, Spain and Malta, the confiscation of vessels, legal proceedings against crew members alongside tight migration policies and anti-trafficking laws have led to a shrinking space for principled humanitarian action in Europe. While maritime search and rescue (SAR) activities receive most of the attention, focusing solely on them prevents one from seeing the bigger picture: a general shrinking of humanitarian space in Europe. In the following, the analysis will shed some light on patterns in which the space for assisting and protecting people on the move is shrinking both on land and at sea.
      Migration and Humanitarian Action

      Migration is not a new phenomenon. Throughout history people have left their homes to seek safety and pursue a better life. Yet, due to increasing human mobility and mounting crisis migration the number of people on the move is consistently rising (Martin, Weerasinghe, and Taylor 2014). In 2019, The International Organisation for Migration (IOM) documents more than 258 million international migrants worldwide, compared to 214 million in 2009.[2]

      This number is composed of a variety of different migrant groups, such as students, international labour migrants or registered refugees. Based on a distinction between voluntary and involuntary migration, not all these groups are considered people in need of international protection and humanitarian assistance (Léon 2018). Accordingly, unlike refugees or internally displaced persons (IDPs) migrants generally fall out of the humanitarian architecture.[3] Yet, notwithstanding the reasons for migrating, people on the move can become vulnerable to human trafficking, sexual exploitation and other forms of abuse during their journey. They strand at borders and live in deplorable conditions (Léon 2018).

      The UN Secretary General’s Agenda for Humanity therefore stresses the importance of addressing the vulnerabilities of migrants. This entails providing more regular and legal pathways for migration but also requires “a collective and comprehensive response to displacement, migration and mobility”, including the provision of humanitarian visas and protection for people on the move who do not fall under the narrow confines of the 1951 Refugee Convention.[4] The view that specific vulnerabilities of migrants are to be integrated into humanitarian response plans is reflected in the International Red Cross and Red Crescent Movement’s approach to migration, which is strictly humanitarian and focuses on the needs and vulnerabilities of migrants irrespective of their legal status, type, or category (Linde 2009).

      Thereby, the term ‘migrant’ is deliberately kept broad to include the needs of labour migrants, vulnerabilities due to statelessness or being considered irregular by public authorities (ibid.). Despite this clear commitment to the protection of people on the move, migrants remain a vulnerable group with a high number losing their lives on migratory routes or going missing. Home to three main migratory routes, the Mediterranean is considered one of the world’s deadliest migration routes.[5]

      When in 2015 an unprecedented number of people made their way into Europe this exposed the unpreparedness of the EU and its member states in reacting quickly and effectively to the needs of people on the move. A report by the Overseas Development Institute (ODI) on refugees and vulnerable migrants in Europe concludes that “Europe’s actual humanitarian response must be judged a failure in many respects; basic needs have not been met and vulnerable people have not been protected” (De Largy 2016).

      For humanitarian organisations with experience in setting up and managing camps in countries of the Global South, managing the humanitarian response in their own backyard seems to have posed significant challenges. When more than one million people arrived in 2015, most international humanitarian organisations had no operational agreement with European states, no presences in affected areas, no funding lines for European activities and no established channels to mobilise resources (ibid.). This has led to protection gaps in the humanitarian response, which, in many cases, have been filled by activists, volunteers and civil society actors. Despite a number of factors, including the EU-Turkey deal, arrangements with Libya and toughening border controls, have since lead to a decline in the number of people arriving in Europe, sustained humanitarian action is needed and these actors continue to provide essential services to refugees and vulnerable migrants. However, with hostile attitudes towards migrants on the rise, and the marked effects of several successful smear campaigns, a number of organisations and civil society actors have taken it upon themselves to bring much needed attention to the shrinking space for civil society.
      Shrinking Humanitarian Space in Europe

      The shrinking space for civil society action is also impacting on the space for principled humanitarian action in Europe. While no agreed upon definition of humanitarian space[6] exists, the concept is used in reference to the physical access that humanitarian organisations have to the affected population, the nature of the operating environment for the humanitarian response including security conditions, and the ability of humanitarian actors to adhere to the core principles of humanitarian action (Collinson and Elhawary 2012: 2). Moreover, the concept includes the ability of affected people to reach lifesaving assistance and protection. The independence of humanitarian action from politics is central to this definition of humanitarian space, emphasising the need to adhere to the principles of humanity, neutrality, impartiality and independence as well as to maintain a clear distinction between the roles and functions of humanitarian in contrast to those of military and political actors (OCHA, 2003). Humanitarian actors within this space strive to achieve their mission of saving lives and alleviating suffering by seeking ongoing access to the affected population.

      Though the many organisations, volunteers and individuals that work on migration issues in Europe would not all self-identify or be considered purely humanitarian organisations, many of them provide life-saving services to people on the move. Thus, the humanitarian space is occupied by a diversity of actors, including human rights organisations, solidarity networks, and concerned individuals alongside more traditional humanitarian actors (Léon 2018).

      Referring to the limited room for agency and restricted access to the affected population, the shrinking humanitarian space in Europe has been linked to the spreading of populism, restrictive migration policies, the securitisation of migration and the criminalisation of humanitarian action (Hammerl 2019). These developments are by no means limited to Europe. Other regions of the world witness a similar shrinking of the humanitarian space for assisting people on the move. In Europe and elsewhere migration and asylum policies have to a great extent determined the humanitarian space. Indeed, EU migration policies have negatively affected the ways in which humanitarian actors are able to carry out their work along the migration routes, limiting the space for principled humanitarian action (Atger 2019). These policies are primarily directed at combatting human trafficking and smuggling, protecting European borders and national security interests. Through prioritising security over humanitarian action, they have contributed to the criminalisation of individuals and organisations that work with people on the move (ibid.). As has been particularly visible in the context of civilian maritime SAR activities, the criminalisation of humanitarian action, bureaucratic hurdles, and attacks on and harassment of aid workers and volunteers have limited the access to the affected population in Europe.
      Criminalisation

      The criminalisation of migration that has limited the space for principled humanitarian action is a process that occurs along three interrelated lines: first, the discursive criminalisation of migration; second, the interweaving of criminal law and policing for migration management purposes; and finally, the use of detention as a way of controlling people on the move (Hammerl 2019, citing Parkin). With media and public discourse asserting that migrants are ‘illegal’, people assisting them have been prosecuted on the grounds of facilitating illegal entry, human trafficking and smuggling.

      Already back in 2002, the Cypriot NGO Action for Equality, Support and Anti-Racism (KISA) was prosecuted under criminal law after it had launched a financial appeal to cover healthcare costs for a migrant worker (Fekete 2009). This is just been one of six cases in which the Director of an organisation has been arrested for his work with migrants.[7] While KISA takes a clear human rights stance, these trends are also observable for humanitarian activities such as providing food or shelter. Individuals and organisations providing assistance and transportation to migrants have faced legal prosecution in France and Belgium for human smuggling in 2018. Offering shelter to migrants in transit has led to arrests of individuals accused of human trafficking (Atger 2019).[8] The criminalisation of civilian maritime SAR activities has led to the arrest and prosecution of crew members and the seizing of rescue vessels.

      The tension between anti-smuggling and anti-trafficking laws and humanitarian action is a result of the European ‘Facilitators’ Package’ from 2002 that defines the facilitation of unauthorised entry, transit and residence.[9] Though the Directive and its implementation in national legislatures foresees humanitarian exemptions[10], the impact of these laws and regulations on the humanitarian space has been critical. Lacking clarity, these laws have been implemented differently by EU member states and created a sense of uncertainty for individuals and organisations assisting migrants, who now risk criminal prosecution (Carrera et al. 2018). In several EU member states with humanitarian exemptions, humanitarian actors were reportedly prosecuted (ibid.). A case in point is Greece, which has a specific humanitarian exemption applying to maritime SAR activities and the facilitation of entry for asylum seekers rescued at sea. Despite sounding promising at first, this has not prevented the prosecution of volunteer crew members of the Emergency Response Centre International (ERCI) due to the existence of two legal loopholes. The first of these works on the basis that rescuers are not able to identify who is in need of international protection, and second, the legal framework contains an exemption from punishment, but not prosecution.[11]
      Bureaucratic Hurdles

      Besides the criminalisation of humanitarian activities, across Europe – predominantly at borders – administrative decisions and rules have narrowed the space for humanitarian action (Atger 2019). In countries such as France, Germany, Hungary, Spain and Italy, laws and regulations prevent organisations from accessing reception centres or transit zones between borders (Hammerl 2019, Amnesty 2019). A reduction of financial support and tighter legal requirements for operation further hinder organisations to assist people on the move (Atger 2019). In the case of maritime SAR operations, NGOs had to stop their operations due to de-flagging of rescue ships as ordered by EU member state authorities.[12]

      Access to people on the move is obstructed in manifold ways and organisations face a mix of intimidations strategies and bureaucratic obstacles in their mission to deliver aid (Léon 2018). In Germany, new asylum policies in 2015 changed the provision of the previous cash-based assistance to in-kind aid.[13] This is inconsistent with German humanitarian policy in other migrant and refugee hosting countries, where the German Foreign Ministry promotes cash-based programming as an efficient, effective and dignified way of assisting people in need.

      Apart from instructions and orders by public authorities and law enforcement entities, other tactics range from frequent ID checks, parking fines to threats of arrest (Amnesty 2019). In Calais, humanitarian action was obstructed when the municipality of Calais prohibited the distribution of food as well as the delivery of temporary showers to the site by a local charity with two municipal orders in March 2017 (Amnesty 2019). In 2017, the Hungarian Parliament passed the so-called LEX NGO. Like the foreign agent law in Russia, it includes provisions for NGOs that receive more than EUR 23 000 per year from abroad (including EU member states) to register as “organisations receiving foreign funding”. Coupled with a draft bill of a new Tax Law that establishes a 25% punitive tax to be paid for “propaganda activities that indicate positive aspects of migration”, these attempts to curtail work with migrants has a chilling effect both on NGOs and donors. As the punitive tax is to be paid by the donor organisation, or by the NGO itself in case the donor fails to do so, organisations risk bankruptcy.[14]
      Policing Humanitarianism[15]

      An increasingly hostile environment towards migration, fuelled by anti-immigrant sentiments and public discourse, has led to suspicion, intimidation and harassment of individuals and organisations working to assist and protect them. The securitisation of migration (Lazaridis and Wadia 2015), in which migrants are constructed as a potential security threat and a general atmosphere of fear is created, has given impetus to a general policing of humanitarian action. Even when not criminalised, humanitarian actors have been hindered in their work by a whole range of dissuasion and intimidation strategies. Civilian maritime SAR organisations in particular have been targets of defamation and anti-immigration rhetoric. Though analyses of migratory trends have proved that a correlation between SAR operations and an increase of migrant crossings was indeed erroneous (Cusumano and Pattison, Crawley et al. 2016, Cummings et al. 2015), organisations are still being accused of both constituting a pull-factor for migration (Fekete 2018) and of working together with human traffickers. In some instances, this has led to them being labelled as taxis for ‘illegal’ migrants (Hammerl 2019). In Greece, and elsewhere, volunteers assisting migrants have been subject to police harassment. Smear campaigns, especially in the context of SAR operations in the Mediterranean, have affected the humanitarian sector as a whole “by creating suspicion towards the work of humanitarians” (Atger 2019). Consequently, organisations have encountered difficulties in recruiting volunteers and seen a decline in donations. This prevented some organisations from publicly announcing their participation in maritime SAR or their work with migrants.[16] In severe cases, humanitarian actors suffered physical threats by security personnel or “self-proclaimed vigilante groups” (Hammerl 2019).

      Moreover, having to work alongside security forces and within a policy framework that primarily aims at border policing and migration deterrence (justified on humanitarian grounds), humanitarian actors risk being associated with migration control techniques in the management of ‘humanitarian borders’ (Moreno-Lax 2018, Pallister-Wilkins 2018). When Italy in 2017 urged search and rescue organisations to sign a controversial Code of Conduct in order to continue disembarkation at Italian ports, some organisations refused to do so. The Code of Conduct endangered humanitarian principles by making life-saving activities conditional on collaborating in the fight against smugglers and the presence of law enforcement personnel on board (Cusumano 2019).

      Beyond the maritime space, the politicisation of EU aid jeopardises the neutrality of humanitarian actors, forcing them to either disengage or be associated with a political agenda of migration deterrence. Humanitarian organisations are increasingly requested to grant immigration authorities access to their premises, services and data (Atger 2019). In Greece, a legislation was introduced in 2016 which entailed the close monitoring of, and restrictive access for, volunteers and NGOs assisting asylum seekers, thereby placing humanitarian action under the supervision of security forces (Hammerl 2019). As a consequence of the EU-Turkey Deal in 2016, MSF announced[17] that it would no longer accept funding by EU states and institutions “only to treat the victims of their policies” (Atger 2019).
      The Way Ahead

      The shrinking space poses a fundamental challenge for principled humanitarian action in Europe. The shrinking humanitarian space can only be understood against the backdrop of a general shrinking civil space in Europe (Strachwitz 2019, Wachsmann and Bouchet 2019). However, the ways in which the shrinking space affects humanitarian action in Europe has so far received little attention in the humanitarian sector. The problem goes well beyond the widely discussed obstacles to civilian maritime SAR operations.

      Humanitarian organisations across Europe assist people arriving at ports, staying in official or unofficial camps or being in transit. An increasingly hostile environment that is fuelled by populist and securitisation discourses limits access to, and protection of, people on the move both on land and at sea. The criminalisation of aid, bureaucratic hurdles and harassment of individuals and organisations assisting migrants are just some of the ways in which humanitarian access is obstructed in Europe.

      A defining feature of humanitarian action in Europe has been the important and essential role of volunteers, civil society organisations and solidarity networks both at the grassroots’ level and across national borders. Large humanitarian actors, on the other hand, took time to position themselves (Léon 2018) or have shied away from a situation that is unfamiliar and could also jeopardize the financial support of their main donors – EU member states.

      Since then, the humanitarian space has been encroached upon in many ways and it has become increasingly difficult for volunteers or (small) humanitarian organisations to assist and protect people on the move. The criminalisation of humanitarian action is particularly visible in the context of civilian maritime SAR activities in the Mediterranean, but also bureaucratic hurdles and the co-optation of the humanitarian response into other political objectives have limited the space for principled humanitarian action. In order to protect people on the move, national, regional and international responses are needed to offer protection and assistance to migrants in countries of origin, transit and destination. Thereby, the humanitarian response needs to be in line with the principles of impartiality, neutrality, and independence to ensure access to the affected population. While the interests of states to counter organised crime, including human trafficking, is legitimate, this should not restrict humanitarian access to vulnerable migrants and refugees.

      In Europe, the biggest obstacle for effective humanitarian action is a lacking political will and the inability of the EU to achieve consensus on migration policies (DeLargy 2016). The Malta Agreement, a result of the latest EU Summit of Home Affairs Ministers in September 2019 and subsequent negotiations in Luxembourg in October of the same year, has failed to address the shortcomings of current migration policies and to remove the obstacles standing in the way of principled humanitarian action in the Mediterranean. For this, new alliances are warranted between humanitarian, human rights and migration focussed organizations to defend the humanitarian space for principled action to provide crucial support to people on the move both on land and at sea.

      http://chaberlin.org/en/publications/migration-and-the-shrinking-humanitarian-space-in-europe-2

      Pour télécharger le rapport:
      http://chaberlin.org/wp-content/uploads/2019/10/2019-10-debattenbeitrag-migration-shrinking-humanitarian-space-roepstorff
      #CHA #Centre_for_humanitarian_action