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  • Afghan Migration to Germany: History and Current Debates

    In light of the deteriorating security situation in Afghanistan, Afghan migration to Germany accelerated in recent years. This has prompted debates and controversial calls for return.

    Historical Overview
    Afghan migration to Germany goes back to the first half of the 20th century. To a large extent, the arrival of Afghan nationals occurred in waves, which coincided with specific political regimes and periods of conflict in Afghanistan between 1978 and 2001. Prior to 1979 fewer than 2,000 Afghans lived in Germany. Most of them were either businesspeople or students. The trade city of Hamburg and its warehouses attracted numerous Afghan carpet dealers who subsequently settled with their families. Some families who were among the traders that came to Germany at an early stage still run businesses in the warehouse district of the city.[1]

    Following the Soviet invasion of Afghanistan in 1979, the number of Afghans seeking refuge and asylum in Germany increased sharply. Between 1980 and 1982 the population grew by around 3,000 persons per year. This was followed by a short period of receding numbers, before another period of immigration set in from 1985, when adherents of communist factions began facing persecution in Afghanistan. Following a few years with lower immigration rates, numbers started rising sharply again from 1989 onwards in the wake of the civil war in Afghanistan and due to mounting restrictions for Afghans living in Iran and Pakistan. Increasing difficulties in and expulsions from these two countries forced many Afghans to search for and move on to new destinations, including Germany.[2] Throughout the 1990s immigration continued with the rise of the Taliban and the establishment of a fundamentalist regime. After reaching a peak in 1995, numbers of incoming migrants from Afghanistan declined for several years. However, they began to rise again from about 2010 onwards as a result of continuing conflict and insecurity in Afghanistan on the one hand and persistently problematic living conditions for Afghans in Iran and Pakistan on the other hand.

    A particularly sharp increase occurred in the context of the ’long summer of migration’[3] in 2015, which continued in 2016 when a record number of 253,485 Afghan nationals were registered in Germany. This number includes established residents of Afghan origin as well as persons who newly arrived in recent years. This sharp increase is also mirrored in the number of asylum claims of Afghan nationals, which reached a historical peak of 127,012 in 2016. Following the peak in 2016 the Afghan migrant population has slightly decreased. Reasons for the numerical decrease include forced and voluntary return to Afghanistan, onward migration to third countries, and expulsion according to the so-called Dublin Regulation. Naturalisations also account for the declining number of Afghan nationals in Germany, albeit to a much lesser extent (see Figures 1 and 2).

    The Afghan Migrant Population in Germany
    Over time, the socio-economic and educational backgrounds of Afghan migrants changed significantly. Many of those who formed part of early immigrant cohorts were highly educated and had often occupied high-ranking positions in Afghanistan. A significant number had worked for the government, while others were academics, doctors or teachers.[4] Despite being well-educated, professionally trained and experienced, many Afghans who came to Germany as part of an early immigrant cohort were unable to find work in an occupational field that would match their professional qualifications. Over the years, levels of education and professional backgrounds of Afghans arriving to Germany became more diverse. On average, the educational and professional qualifications of those who came in recent years are much lower compared to earlier cohorts of Afghan migrants.

    At the end of 2017, the Federal Statistical Office registered 251,640 Afghan nationals in Germany. This migrant population is very heterogeneous as far as persons’ legal status is concerned. Table 1 presents a snapshot of the different legal statuses that Afghan nationals in Germany held in 2017.

    Similar to other European countrie [5], Germany has been receiving increasing numbers of unaccompanied Afghan minors throughout the last decade.[6] In December 2017, the Federal Office for Migration and Refugees (BAMF) registered 10,453 persons of Afghan origin under the age of 18, including asylum seekers, holders of a temporary residence permit as well as persons with refugee status. The situation of unaccompanied minors is specific in the sense that they are under the auspices of the Children and Youth support services (Kinder- und Jugendhilfe). This implies that unaccompanied Afghan minors are entitled to specific accommodation and the support of a temporary guardian. According to the BAMF, education and professional integration are priority issues for the reception of unaccompanied minors. However, the situation of these migrants changes once they reach the age of 18 and become legally deportable.[7] For this reason, their period of residence in Germany is marked by ambiguity.

    Fairly modest at first, the number of naturalisations increased markedly from the late 1980s, which is likely to be connected to the continuous aggravation of the situation in Afghanistan.[8]

    With an average age of 23.7 years, Germany’s Afghan population is relatively young. Among Afghan residents who do not hold German citizenship there is a gender imbalance with males outweighing females by roughly 80,390 persons. Until recently, most Afghans arrived in Germany with their family. However, the individual arrival of Afghan men has been a dominant trend in recent years, which has become more pronounced from 2012 onwards with rising numbers of Afghan asylum seekers (see Figure 2).[9]

    The Politicization of Afghan Migration
    Prior to 2015, the Afghan migrant population that had not received much public attention. However, with the significant increase in numbers from 2015 onwards, it was turned into a subject of increased debate and politicization. The German military and reconstruction engagement in Afghanistan constitutes an important backdrop to the debates unfolding around the presence of Afghan migrants – most of whom are asylum seekers – in Germany. To a large extent, these debates revolved around the legitimacy of Afghan asylum claims. The claims of persons who, for example, supported German troops as interpreters were rarely questioned.[10] Conversely, the majority of newly arriving Afghans were framed as economic migrants rather than persons fleeing violence and persecution. In 2015, chancellor Angela Merkel warned Afghan nationals from coming to Germany for economic reasons and simply in search for a better life.[11] She underlined the distinction between “economic migrants” and persons facing concrete threats due to their past collaboration with German troops in Afghanistan. The increasing public awareness of the arrival of Afghan asylum seekers and growing skepticism regarding the legitimacy of their presence mark the context in which debates on deportations of Afghan nationals began to unfold.

    Deportations of Afghan Nationals: Controversial Debates and Implementation
    The Federal Government (Bundesregierung) started to consider deportations to Afghanistan in late 2015. Debates about the deportation of Afghan nationals were also held at the EU level and form an integral part of the Joint Way Forward agreement between Afghanistan and the EU. The agreement was signed in the second half of 2016 and reflects the commitment of the EU and the Afghan Government to step up cooperation on addressing and preventing irregular migration [12] and encourage return of irregular migrants such as persons whose asylum claims are rejected. In addition, the governments of Germany and Afghanistan signed a bilateral agreement on the return of Afghan nationals to their country of origin. At that stage it was estimated that around five percent of all Afghan nationals residing in Germany were facing return.[13] To back plans of forced removal, the Interior Ministry stated that there are “internal protection alternatives”, meaning areas in Afghanistan that are deemed sufficiently safe for people to be deported to and that a deterioration of security could not be confirmed for the country as such.[14] In addition, the BAMF would individually examine and conduct specific risk assessments for each asylum application and potential deportees respectively.

    Country experts and international actors such as the UN Refugee Agency (UNHCR) agree on the absence of internal protection alternatives in Afghanistan, stating that there are no safe areas in the country.[15] Their assessments are based on the continuously deteriorating security situation. Since 2014, annual numbers of civilian deaths and casualties continuously exceed 10,000 with a peak of 11,434 in 2016. This rise in violent incidents has been recorded in 33 of 34 provinces. In August 2017 the United Nations changed their assessment of the situation in Afghanistan from a “post-conflict country” to “a country undergoing a conflict that shows few signs of abating”[16] for the first time after the fall of the Taliban. However, violence occurs unevenly across Afghanistan. In 2017 the United Nations Assistance Mission in Afghanistan (UNAMA), registered the highest levels of civilian casualties in Kabul province and Kabul city more specifically. After Kabul, the highest numbers of civilian casualties were recorded in Helmand, Nangarhar, Kandahar, Faryab, Uruzgan, Herat, Paktya, Kunduz, and Laghman provinces.[17]

    Notwithstanding deteriorating security conditions in Afghanistan and parliamentary, non-governmental and civil society protests, Germany’s Federal Government implemented a first group deportation of rejected asylum seekers to Afghanistan in late 2016. Grounds for justification of these measures were not only the assumed “internal protection alternatives”. In addition, home secretary Thomas de Maizière emphasised that many of the deportees were convicted criminals.[18] The problematic image of male Muslim immigrants in the aftermath of the incidents on New Year’s Eve in the city of Cologne provides fertile ground for such justifications of deportations to Afghanistan. “The assaults (sexualized physical and property offences) which young, unmarried Muslim men committed on New Year’s Eve offered a welcome basis for re-framing the ‘refugee question’ as an ethnicized and sexist problem.”[19]

    It is important to note that many persons of Afghan origin spent long periods – if not most or all of their lives – outside Afghanistan in one of the neighboring countries. This implies that many deportees are unfamiliar with life in their country of citizenship and lack local social networks. The same applies to persons who fled Afghanistan but who are unable to return to their place of origin for security reasons. The existence of social networks and potential support structures, however, is particularly important in countries marked by high levels of insecurity, poverty, corruption, high unemployment rates and insufficient (public) services and infrastructure.[20] Hence, even if persons who are deported to Afghanistan may be less exposed to a risk of physical harm in some places, the absence of social contacts and support structures still constitutes an existential threat.

    Debates on and executions of deportations to Afghanistan have been accompanied by parliamentary opposition on the one hand and street-level protests on the other hand. Non-governmental organisations such as Pro Asyl and local refugee councils have repeatedly expressed their criticism of forced returns to Afghanistan.[21] The execution of deportations has been the responsibility of the federal states (Ländersache). This leads to significant variations in the numbers of deportees. In light of a degrading security situation in Afghanistan, several governments of federal states (Landesregierungen) moreover paused deportations to Afghanistan in early 2017. Concomitantly, recognition rates of Afghan asylum seekers have continuously declined.[22]

    A severe terrorist attack on the German Embassy in Kabul on 31 May 2017 led the Federal Government to revise its assessment of the security situation in Afghanistan and to temporarily pause deportations to the country. According to chancellor Merkel, the temporary ban of deportations was contingent on the deteriorating security situation and could be lifted once a new, favourable assessment was in place. While pausing deportations of rejected asylum seekers without criminal record, the Federal Government continued to encourage voluntary return and deportations of convicted criminals of Afghan nationality as well as individuals committing identity fraud during their asylum procedure.

    The ban of deportations of rejected asylum seekers without criminal record to Afghanistan was lifted in July 2018, although the security situation in the country continues to be very volatile.[23] The decision was based on a revised assessment of the security situation through the Foreign Office and heavily criticised by the centre left opposition in parliament as well as by NGOs and churches. Notwithstanding such criticism, the attitude of the Federal Government has been rigorous. By 10 January 2019, 20 group deportation flights from Germany to Kabul were executed, carrying a total number of 475 Afghans.[24]

    Assessing the Situation in Afghanistan
    Continuing deportations of Afghan nationals are legitimated by the assumption that certain regions in Afghanistan fulfil the necessary safety requirements for deportees. But how does the Federal Government – and especially the BAMF – come to such arbitrary assessments of the security situation on the one hand and individual prospects on the other hand? While parliamentary debates about deportations to Afghanistan were ongoing, the news magazine Spiegel reported on how the BAMF conducts security assessments for Afghanistan. According to their revelations, BAMF staff hold weekly briefings on the occurrence of military combat, suicide attacks, kidnappings and targeted killings. If the proportion of civilian casualties remains below 1:800, the level of individual risk is considered low and insufficient for someone to be granted protection in Germany.[25] The guidelines of the BAMF moreover rule that young men who are in working age and good health are assumed to find sufficient protection and income opportunities in Afghanistan’s urban centres, so that they are able to secure to meet the subsistence level. Such possibilities are even assumed to exist for persons who cannot mobilise family or other social networks for their support. Someone’s place or region of origin is another aspect considered when assessing whether or not Afghan asylum seekers are entitled to remain in Germany. The BAMF examines the security and supply situation of the region where persons were born or where they last lived before leaving Afghanistan. These checks also include the question which religious and political convictions are dominant at the place in question. According to these assessment criteria, the BAMF considers the following regions as sufficiently secure: Kabul, Balkh, Herat, Bamiyan, Takhar, Samangan and Panjshir.[26]

    Voluntary Return
    In addition to executing the forced removal of rejected Afghan asylum seekers, Germany encourages the voluntary return of Afghan nationals.[27] To this end it supports the Reintegration and Emigration Programme for Asylum Seekers in Germany which covers travel expenses and offers additional financial support to returnees. Furthermore, there is the Government Assisted Repatriation Programme, which provides financial support to persons who wish to re-establish themselves in their country of origin. The International Organisation for Migration (IOM) organises and supervises return journeys that are supported by these programmes. Since 2015, several thousand Afghan nationals left Germany with the aid of these programmes. Most of these voluntary returnees were persons who had no legal residence status in Germany, for example persons whose asylum claim had been rejected or persons holding an exceptional leave to remain (Duldung).

    Outlook
    The continuing conflict in Afghanistan not only causes death, physical and psychological hurt but also leads to the destruction of homes and livelihoods and impedes access to health, education and services for large parts of the Afghan population. This persistently problematic situation affects the local population as much as it affects migrants who – voluntarily or involuntarily – return to Afghanistan. For this reason, migration out of Afghanistan is likely to continue, regardless of the restrictions which Germany and other receiving states are putting into place.

    http://www.bpb.de/gesellschaft/migration/laenderprofile/288934/afghan-migration-to-germany
    #Allemagne #Afghanistan #réfugiés_afghans #histoire #asile #migrations #réfugiés #chiffres #statistiques #renvois #expulsions #retour_volontaire #procédure_d'asile
    ping @_kg_

  • Statistiques de la conférence de presse des organisations syriennes et de la défense civile aujourd’hui sur les résultats de la récente campagne sur les zones libérées, #Idlib :
    - 600 victimes
    - 5 marchés populaires ciblés
    - 22 installations médicales ont été détruites
    - La fermeture de 55 établissements médicaux
    - Utilisation de chlore à Canibiet
    - 80 enfants tués
    - 50 écoles ciblées
    - 45 000 enfants sont sortis de l’éducation
    Déplacés 307 000 plus de 50 000 familles
    - 27 mosquées détruits
    - Destruction de 9 fours de production du pain
    - Brûler des cultures avec du Phosphore

    #guerre #conflit #victimes #statistiques #chiffres #phosphore #armes_chimiques Canibiet #destruction #écoles #enfants #déscolarisation #morts #décès

    Reçu d’un ami réfugié syrien qui vit à Grenoble, via whatsapp, le 01.06.2019

    • Stop the carnage: doctors call for an end to Syria hospital airstrikes

      Dozens of prominent doctors have called for urgent action to halt the bombing campaign by Syrian and Russian planes that has targeted more than 20 hospitals in Syria’s north-west, putting many out of action and leaving millions of people without proper healthcare.

      Coordinates for many of those hit had been shared with the regime and its Russian backers by the United Nations in an effort to protect civilians. The Syrian opposition were promised war planes would avoid identified sites on bombing raids; instead they have endured more than a month of fierce attacks.

      Since late April, in defiance of a truce brokered by Moscow and Ankara last year, regular airstrikes on opposition-held territory in northern Idlib province have killed hundreds of civilians and displaced hundreds of thousands more, rights groups say.

      They have also destroyed key parts of the healthcare system, says a letter from doctors around the world published in the Observer. “We are appalled by the deliberate and systematic targeting of healthcare facilities and medical staff,” they warned. “Their [the medical staff’s] job is to save lives, they must not lose their own in the process.”

      Signatories include Denis Mukwege, a gynaecologist who won the Nobel peace prize last year, Peter Agre, a physician who won the Nobel prize in chemistry in 2003, MP and doctor Sarah Wollaston, and Terence English, former president of the Royal College of Surgeons, as well as David Nott, a surgeon who works in war zones, and Zaher Sahloul, a Syrian exile, doctor and founder of a medical charity. They urged the UN to investigate the targeting of listed hospitals and asked the international community to put pressure on Russia and Syria to stop targeting medical centres and reverse funding cuts to surviving hospitals and clinics that are now overwhelmed by refugees.

      One paediatrician, Abdulkader Razouk, described to the Observer how he and his colleagues evacuated an entire hospital including dialysis patients, mothers in labour and premature babies in incubators, as airstrikes began in their town, at least 12 miles from the frontline. “After the airstrikes, but before the direct attack, we knew the hospital would be targeted,” he said in a phone interview about the Tarmala hospital, which was eventually hit on 10 May. “Only a few medical staff stayed to provide emergency response.”
      Letters: The BBC’s wish for a finger in every pie
      Read more

      The airstrike destroyed more than half the hospital and much of its equipment from beds and generators to the operating theatres, emergency services and pharmacy. Staff went back briefly to hunt through the rubble for any supplies that survived the onslaught but the building is now abandoned. “It would be impossible to rebuild and reopen now,” Razouk said. “The airstrikes are continuing and still targeting the hospital until this moment, even though it’s empty.”

      The May bombing was not the first attack on the hospital. That came in 2015, first with the Syrian military’s wildly inaccurate barrel bombs, and later by Russian missiles, that destroyed a residential building next door but spared the clinic itself. In 2018 there was a direct hit on the clinic but then it was able to reopen after repairs.

      However the damage after the latest attack was so severe that it is beyond repair, and anyway most of the civilians it served have fled, Razouk said.

      “This was the worst attack, it has been very tough, there is no possibility whatsoever to continue work there,” he said. “Life can’t return to this area, especially under these brutal attacks. There are no people, not even animals, there’s nothing left in there, it’s like a doomed land. There is no hope to go back.”

      He and other staff are opening a new temporary hospital near the Turkish border, where most of the residents of Tarmala have fled and are now living in refugee camps. It will have some of the neonatal incubators and dialysis machines evacuated before the strike, but there is a desperate need for more supplies.

      Around 80 medical facilities – including clinics and hospitals – have been shut because of damage in attacks or because of fear they will be targeted, said Mohamad Katoub from the Syrian American Medical Society. The huge number of refugees displaced by attacks has left those that are still operating overwhelmed.

      “The tactic of attacking health and other civilian infrastructure in Syria is not new, displacement is not new, these are all chronic issues. But this is the biggest displacement ever, and it is much further beyond our capacity as NGOs to respond,” he said.

      Turkey, which backs Idlib’s rebel groups, is already home to 3.6 million Syrians and faces the dilemma of whether or not to absorb any of the newly displaced. A group were reportedly planning a protest march to the border at the weekend.

      The de-escalation deal brokered last autumn saved Idlib and the surrounding countryside from an impending government assault. At the time, aid agencies warned that a military campaign would put the lives of 3 million civilians at risk, and trigger the worst humanitarian crisis of an already protracted and bloody war.

      But the agreement has unravelled since January, when the hardline Islamist group Hayat Tahrir al-Sham (HTS) wrested control of the area from more moderate rebels.

      Damascus and Moscow have said the HTS takeover legitimises the current campaign against Idlib as they are targeting terrorists not covered by the ceasefire deal.

      Many civilians in Idlib now feel they have been caught between the harsh rule of HTS and the intensified regime assault, and say that life has all but ground to a halt.

      “I was studying at Idlib university but I’ve had to stop going. So has my sister,” said 22-year-old Raja al-Assaad, from Ma’arat al-Nu’maan, which has been under heavy attack.

      “Some people have left to try to go to Turkey but the truth is that there is nowhere to go. Nowhere in Idlib is safe. And in my town we already have lots of people who have been displaced from lots of other areas of Syria.”

      “All normal life has shut down and there is nothing for us to do except wait for death.”

      https://www.theguardian.com/world/2019/jun/02/doctors-global-appeal-stop-syria-bombing-hospitals-idlib

    • Russie/Syrie : Nouveau recours à des #armes interdites

      Ces attaques qui aggravent les souffrances des civils violent les normes du #droit_international.

      Les forces armées russes et syriennes ont utilisé de manière indiscriminée des armes interdites en vertu du droit international contre des zones civiles dans le nord-ouest de la Syrie au cours des dernières semaines, a déclaré Human Rights Watch aujourd’hui. Selon les Nations Unies, cette région est actuellement habitée par environ trois millions de civils, dont au moins la moitié sont des personnes déplacées ayant fui d’autres régions du pays.

      Depuis le 26 avril 2019, l’alliance militaire russo-syrienne a mené quotidiennement des centaines d’attaques contre des groupes antigouvernementaux dans les gouvernorats d’Idlib, de #Hama et d’#Alep,, tuant environ 200 civils, dont 20 enfants. L’alliance a utilisé contre des zones civiles densement peuplées des armes à sous-munitions et des armes incendiaires, pourtant interdites selon le droit international, ainsi que des barils d’explosifs (« #barrel_bombs ») largués sur ces zones, d’après des secouristes, des témoins et des informations disponibles via des sources en accès libre. Le 17 mai, le Conseil de sécurité des Nations Unies a tenu une deuxième réunion d’urgence au sujet de la situation dans le nord-ouest de la Syrie, sans pour autant élaborer une stratégie précise pour protéger les civils qui y résident.

      « L’alliance militaire russo-syrienne utilise de manière indiscriminée contre des civils piégés une panoplie d’armes pourtant interdites par le droit international », a déclaré Lama Fakih, directrice par intérim de la division Moyen-Orient à Human Rights Watch. « Entretemps, la Russie exploite sa présence au Conseil de sécurité des Nations Unies pour se protéger et pour protéger son allié à Damas, et pour poursuivre ces exactions contre des civils. »

      Les armes à sous-munitions peuvent être lancées depuis le sol par des systèmes d’artillerie, des roquettes et des projectiles, ou bien larguées depuis le ciel. Elles explosent généralement dans l’air, dispersant plusieurs petites bombes, ou sous-munitions, au-dessus d’une vaste zone. De nombreuses sous-munitions n’explosent toutefois pas lors de l’impact initial, ce qui laisse au sol de dangereux fragments explosifs qui, à l’instar des mines terrestres, peuvent mutiler et tuer, des années après.

      Les armes incendiaires, qui produisent de la chaleur et du feu par le bais de la réaction chimique d’une substance inflammable, provoquent des brûlures atroces et sont capables de détruire des maisons et d’autres structures civiles.

      La Convention de 2008 sur les armes à sous-munitions interdit l’utilisation d’armes à sous-munitions, tandis que le Protocole III de la Convention sur les armes classiques interdit certaines utilisations des armes incendiaires. La Russie et la Syrie ne font pas partie des 120 pays ayant adhéré à la Convention sur les armes à sous-munitions, mais la Russie est un État partie au Protocole sur les armes incendiaires.

      https://www.hrw.org/fr/news/2019/06/03/russie/syrie-nouveau-recours-des-armes-interdites

    • La battaglia per Idlib

      Dal 26 aprile le forze del governo siriano, sostenute dall’assistenza militare russa, hanno intensificato un’offensiva a Idlib, nella provincia nord-occidentale della Siria, l’ultima roccaforte dell’opposizione armata al presidente Assad. A Idlib vivono quasi tre milioni di persone, metà delle quali sfollate internamente. Per questo gli accordi di Astana firmati proprio dalla Russia, insieme a Turchia e Iran, indicavano Idlib come una zona di de-escalation delle violenze. Un accordo però che non sembra più aver valore. Ieri la Russia ha bloccato una dichiarazione del Consiglio di sicurezza dell’ONU, con la quale il consiglio voleva lanciare un allarme per l’intensificarsi del intorno alla provincia di Idlib, con l’intento di scongiurare un disastro umanitario.

      Anche nel conflitto libico i civili sono quelli a pagare il prezzo più alto. Attualmente in Libia ci sono oltre 1 milione di persone bisognose di assistenza umanitaria e protezione. Non solo migranti e rifugiati, ma anche sfollati libici che vivono in condizioni di estrema marginalità sociale, senza accesso a cure e servizi essenziali e martoriati dal conflitto in corso. La campagna #Oltrelefrontiere ” promossa da CIR vuole migliorare il livello di protezione di migranti, rifugiati e sfollati interni, fornendo assistenza umanitaria e promuovendo la ricerca di soluzioni durature, per contribuire alla progressiva normalizzazione delle loro condizioni di vita.

      https://www.raiplayradio.it/articoli/2019/06/Rai-Radio-3-Idlib-Siria-4e42d346-f7d0-4d71-9da3-7b293f2e7c89.html

  • 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

  • How New York could respond to the taxi medallion lending crisis | CSNY
    https://www.cityandstateny.com/articles/policy/infrastructure/how-new-york-could-respond-to-taxi-medallion-lending-crisis.html

    Experts and lawmakers weigh in on easing the pain of burdened medallion owners and preventing predatory lending in the future.
    By ANNIE MCDONOUGH
    MAY 22, 2019

    After a two-part New York Times investigation into predatory lending practices for taxi medallions delineated how industry leaders and government agencies participated in, encouraged or ignored risky lending, calls for action sprang forth – sometimes from the very same officials or agencies that had been asleep at the switch.

    Various deceptive or exploitative lending practices contributed to the rise and precipitous fall of taxi medallions in New York City. Medallions worth $200,000 in 2002 rose to more than $1 million in 2014, before crashing to less than $200,000. The bubble was inflated by loans made without down payments, requirements that loans had to be paid back in three years or extended with inflated interest rates, and interest-only loans that required borrowers to forfeit legal rights and give up much of their income. Borrowers – typically low-income, immigrant drivers – were left in the lurch when the bubble burst, an event that the taxi industry has long blamed primarily on the rise of app-based ride hail services like Uber and Lyft. While the rise of app-based ride hail did contribute to the now-ailing taxi industry, the revelations in the Times show government officials – including the Taxi and Limousine Commission which acted as a “cheerleader” for medallion sales – ignored the warning signs.

    Since Sunday, when the first Times story was published, New York Attorney General Letitia James has announced an inquiry into the business and lending practices that “may have created” the crisis, New York City Mayor Bill de Blasio announced a joint probe by the TLC, Department of Finance and Department of Consumer Affairs into the brokers who helped arrange the loans, Sen. Chuck Schumer called for an investigation into the credit unions involved in the lending, and members of the New York City Council and state Legislature, and New York City Comptroller Scott Stringer, have called for hearings and legislation to resolve the issue.

    The various proposals raised thus far are unlikely to fully address the damage caused to many medallion owners, some experts say. The Times investigation found that since 2016, more than 950 taxi drivers have filed for bankruptcy, with thousands more still suffering under the crippling loans. This is combined with a string of taxi and other professional drivers who have committed suicide in the past year and a half.

    Some of the solutions offered have focused on preventing the kind of reckless lending practices exhibited for taxi medallions. Stringer called on state lawmakers to close a loophole that allows lenders to classify their loans as business deals – as opposed to consumer loans, which have more protections for borrowers. A bill introduced last week by state Sen. Jessica Ramos would also establish a program to assist medallion owners who are unable to obtain financing, refinancing or restructuring of an existing loan through a loan loss reserve. State Sen. James Sanders and Assemblyman Kenneth Zebrowski, who chair the state Legislature’s committees on banks, declined to comment.

    But classifying loans for medallions as consumer loans might not be appropriate, said Bruce Schaller, a transportation expert and former deputy commissioner at the New York City Department of Transportation. “I think the difficult question with the individual drivers is that they are in business, they are planning to make money off of their increase in medallion prices. Should they have the same protections as someone who is taking out a mortgage on a house, who is presumed to be very vulnerable?” he asked. “That may well be the case, but (drivers) are also in a business in a way that the prospective homeowner isn’t.”

    The TLC told the Times that it is the responsibility of bank examiners to control lending practices, while the state Department of Financial Services said that it supervised some of the banks involved, but often deferred to federal inspectors. “The TLC is gravely concerned that unsound lending practices have hurt taxi drivers and has raised these concerns publicly,” Acting Commissioner Bill Heinzen said in an emailed statement. “Banks and credit unions are regulated by federal agencies that have substantial oversight powers that the TLC does not have. The TLC has taken steps within our regulatory power to help owners and drivers by easing regulatory burdens and working with City Council to limit the number of for-hire vehicles on the road. We have pushed banks to restructure loan balances and payment amounts to reflect actual trip revenue.”

    Seth Stein, a spokesman for de Blasio, also mentioned interest in preventing risky lending practices. “We are deeply concerned about predatory lending in the medallion business,” Stein wrote in an email. “While TLC has no direct regulatory oversight over lenders – that is squarely under the purview of federal regulators – we continue to look for every means of helping owners and drivers make ends meet. We’ve discontinued medallion sales, secured a cap on app-based for-hire-vehicles, and we strongly urge federal regulators to do more as well.”

    But remedies at the federal level may not be realistic, according to David King, a professor of urban planning at Arizona State University, with a speciality in transportation and land use planning. “There doesn’t seem to be any appetite for what would be reasonable lending standards. Reasonable standards that would include verifiable collateral or values that were based on something other than made-up dollar amounts,” King said, adding that he doesn’t see those changes being made under the current administration. “The housing bubble of 11 years ago, I think that was a sufficiently national concern that has inspired some movement from Washington. Whereas I think something like an asset bubble in New York, just like an asset bubble in one region, isn’t going to be enough to spur federal legislation.”

    Schaller said that while lending regulation fixes could be beneficial for preventing this kind of crisis in other industries, there’s action that can be taken now by the city to alleviate some pain. “The real question is, if the city now decides that they were part of the fraud, then they should refund the money,” he said. “It’s one thing to close a loophole, it’s another thing to decide that you need to make restitution.”

    City Councilman Mark Levine, who has been working on legislation along those lines for nearly a year, agreed that the city needs to take responsibility. “There has been a lot of attention to the whole industry of lenders and brokers who push these loans on the drivers in ways that were not transparent and really deceived them, and may very well constitute some sort of legal fraud,” he said. “But the city itself also bears responsibility for this, because we were selling medallions with the goal of bringing in revenue to the city and we were promoting them and pumping them up in ways that I think masks the true risks that drivers were taking on. And, most egregiously, we had a round of sales in 2014 when it was abundantly clear that we were headed for a price drop, because by that point app-based competitors had emerged and there were other challenges.”

    Levine’s vision for immediately helping those drivers still suffering under unsustainable loans would involve the city acquiring the loans from lenders who either cannot or will not be flexible with borrowers, and then forgiving the debts. Though the bill hasn’t been introduced yet, the idea is to partially finance the buy-back by placing a surcharge on app-based ride-hail companies like Uber and Lyft. Levine’s office is still working on confirming that the City Council would have the authority to levy that kind of surcharge. If it doesn’t, they would encourage that action be taken in Albany.

    But, as the Times’ investigation into the issue has revealed, much of the damage to drivers and medallion owners has already been done – including to the hundreds of medallion owners who have declared bankruptcy. “If someone paid $800,000 for a medallion loan and paid part of that off, and has had their house repossessed, now Mark Levine is saying, ‘well, we’ll just refund whatever’s left dangling out there,’” Schaller said. “If I were on the losing end of that bargain, I’d say I want my $800,000 back.”

    The idea of a buy-back, Levine admitted, is not a perfect solution, but it’s one he said can help the thousands of medallion owners stuck right now. “It would not address that kind of horrible, horrible hardship,” he said, referring to those owners who have forfeited assets and sustained other losses.

    If there’s any upside to the stories relayed in the Times about medallion owners financially devastated by bad loans and the failing taxi industry, it may be that it’s a call to action – even if it’s coming too late for some. “It’s had a dramatic impact on the interest in the Council about finding solutions,” Levine said of the heavy punch packed by the Times’ investigation. “It gives new impetus to this effort, which is good, because it’s complicated, and it’s going to require a political push to make it happen. The revelations in this article made that more likely.”

    Annie McDonough is a tech and policy reporter at City & State.

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • De Blasio calls for probe of taxi lenders
    https://nypost.com/2019/05/20/de-blasio-calls-for-probe-of-taxi-lenders-following-predatory-loan-report
    https://thenypost.files.wordpress.com/2019/05/de-blasio-3.jpg?quality=90&strip=all&w=1200

    May 20, 2019 - Mayor Bill de Blasio launched a probe Monday of the city taxi market following a damning report that claimed industry leaders duped drivers with predatory loans and artificially inflated the costs of cab medallions for years– leading to their eventual collapse.

    “Today I ordered a joint investigation by the Taxi and Limousine Commission, Department of Finance and Department of Consumer Affairs into predatory practices by brokers in the taxi industry,” the mayor said in a statement.

    The 45-day review will identify and penalize brokers who have taken advantage of buyers and misled city authorities, the mayor said.

    The New York Times reported Sunday that brokers shopped exploitative loans to cash-strapped, often immigrant drivers who were crushed by hefty monthly fees.

    De Blasio said the review will set new rules to prevent future abuses.

    “It’s unacceptable to prey on hardworking New Yorkers trying to support their families and we’ll do all that we can to put an end to it,” he said.

    The deep decrease in medallion values from a high of $1.3 million in 2013 to just $250,000 last year is also due to the flood of Uber and Lyft cars into the market.

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • Inquiries Into Reckless Loans to Taxi Drivers Ordered by State Attorney General and Mayor - The New York Times
    https://www.nytimes.com/2019/05/20/nyregion/nyc-taxi-medallion-loans-attorney-general.html

    May 20, 2019 - The investigations come after The New York Times found that thousands of drivers were crushed under debt they could not repay.

    The New York attorney general’s office said Monday it had opened an inquiry into more than a decade of lending practices that left thousands of immigrant taxi drivers in crushing debt, while Mayor Bill de Blasio ordered a separate investigation into the brokers who helped arrange the loans.

    The efforts marked the government’s first steps toward addressing a crisis that has engulfed the city’s yellow cab industry. They came a day after The New York Times published a two-part investigation revealing that a handful of taxi industry leaders artificially inflated the price of a medallion — the coveted permit that allows a driver to own and operate a cab — and made hundreds of millions of dollars by issuing reckless loans to low-income buyers.

    The investigation also found that regulators at every level of government ignored warning signs, and the city fed the frenzy by selling medallions and promoting them in ads as being “better than the stock market.”

    The price of a medallion rose to more than $1 million before crashing in late 2014, which left borrowers with debt they had little hope of repaying. More than 950 medallion owners have filed for bankruptcy, and thousands more are struggling to stay afloat.

    The findings also drew a quick response from other elected officials. The chairman of the Assembly’s banking committee, Kenneth Zebrowski, a Democrat, said his committee would hold a hearing on the issue; the City Council speaker, Corey Johnson, said he was drafting legislation; and several other officials in New York and Albany called for the government to pressure lenders to soften loan terms.

    The biggest threat to the industry leaders appeared to be the inquiry by the attorney general, Letitia James, which will aim to determine if the lenders engaged in any illegal activity.

    “Our office is beginning an inquiry into the disturbing reports regarding the lending and business practices that may have created the taxi medallion crisis,” an office spokeswoman said in a statement. “These allegations are serious and must be thoroughly scrutinized.”

    Gov. Andrew M. Cuomo said through a spokesman that he supported the inquiry. “If any of these businesses or lenders did something wrong, they deserve to be held fully accountable,” the spokesman said in a statement.

    Lenders did not respond to requests for comment. Previously, they denied wrongdoing, saying regulators had approved all of their practices and some borrowers had made poor decisions and assumed too much debt. Lenders blamed the crisis on the city for allowing ride-hailing companies like Uber and Lyft to enter without regulation, which they said led medallion values to plummet.

    Mr. de Blasio said the city’s investigation will focus on the brokers who arranged the loans for drivers and sometimes lent money themselves.

    “The 45-day review will identify and penalize brokers who have taken advantage of buyers and misled city authorities,” the mayor said in a statement. “The review will set down strict new rules that prevent broker practices that hurt hard-working drivers.”

    Four of the city’s biggest taxi brokers did not respond to requests for comment.

    Bhairavi Desai, founder of the Taxi Workers Alliance, which represents drivers and independent owners, said the city should not get to investigate the business practices because it was complicit in many of them.

    The government has already closed or merged all of the nonprofit credit unions that were involved in the industry, saying they participated in “unsafe and unsound banking practices.” At least one credit union leader, Alan Kaufman, the former chief executive of Melrose Credit Union, a major medallion lender, is facing civil charges.

    The other lenders in the industry include Medallion Financial, a specialty finance company; some major banks, including Capital One and Signature Bank; and several loosely regulated taxi fleet owners and brokers who entered the lending business.

    At City Hall, officials said Monday they were focused on how to help the roughly 4,000 drivers who bought medallions during the bubble, as well as thousands of longtime owners who were encouraged to refinance their loans to take out more money during that period.

    One city councilman, Mark Levine, said he was drafting a bill that would allow the city to buy medallion loans from lenders and then forgive much of the debt owed by the borrowers. He said lenders likely would agree because they are eager to exit the business. But he added that his bill would force lenders to sell at discounted prices.

    “The city made hundreds of millions by pumping up sales of wildly overpriced medallions — as late as 2014 when it was clear that these assets were poised to decline,” said Mr. Levine, a Democrat. “We have an obligation now to find some way to offer relief to the driver-owners whose lives have been ruined.”

    Scott M. Stringer, the city comptroller, proposed a similar solution in a letter to the mayor. He said the city should convene the lenders and pressure them to partially forgive loans.

    “These lenders too often dealt in bad faith with a group of hard-working, unsuspecting workers who deserved much better and have yet to receive any measure of justice,” wrote Mr. Stringer, who added that the state should close a loophole that allowed the lenders to classify their loans as business deals, which have looser regulations.

    Last November, amid a spate of suicides by taxi drivers, including three medallion owners with overwhelming debt, the Council created a task force to study the taxi industry.

    On Monday, a spokesman for the speaker, Mr. Johnson, said that members of the task force would be appointed very soon. He also criticized the Taxi and Limousine Commission, the city agency that sold the medallions.

    “We will explore every tool we have to ensure that moving forward, the T.L.C. protects medallion owners and drivers from predatory actors including lenders, medallion brokers, and fleet managers,” Mr. Johnson said in a statement.

    Another councilman, Ritchie Torres, who heads the Council’s oversight committee, disclosed Monday for the first time that he had been trying to launch his own probe since last year, but had been stymied by the taxi commission. “The T.L.C. hasn’t just been asleep at the wheel, they have been actively stonewalling,” he said.

    A T.L.C. spokesman declined to comment.

    In Albany, several lawmakers also said they were researching potential bills.

    One of them, Assemblywoman Yuh-Line Niou of Manhattan, a member of the committee on banks, said she hoped to pass legislation before the end of the year. She said the state agencies involved in the crisis, including the Department of Financial Services, should be examined.

    “My world has been shaken right now, to be honest,” Ms. Niou said.

    Brian M. Rosenthal is an investigative reporter on the Metro Desk. Previously, he covered state government for the Houston Chronicle and for The Seattle Times. @brianmrosenthal

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • Bad loans were killing the taxi industry long before Uber and Lyft: report
    https://nypost.com/2019/05/19/bad-loans-were-killing-the-taxi-industry-long-before-uber-and-lyft-report
    https://thenypost.files.wordpress.com/2019/05/taxi-medallions-loans.jpg?quality=90&strip=all&w=1200

    The financial woes of the city taxi market may not be entirely the fault of ride-hailing companies — the industry was a house of cards waiting to collapse, a report says.

    An investigation by the New York Times Sunday put the blame on industry leaders who artificially inflated taxi medallions costs fivefold over 12 years and created a massively profitable loan market built on questionable lending practices similar to those at the center of the housing crash.

    In 2013, a taxi medallion fetched $1.3 million, but by last year, the market had plunged and medallions were selling for less than $250,000.

    While much of the decline in value can be attributed to the flood of Uber and Lyft drivers, the report says exploitative loans, hundreds of which were interest-only, strapped drivers, often immigrants and unclear on the terms, with hefty monthly costs.

    The report says some loan costs became so steep, there weren’t enough hours in a week to drive to make a profit and eventually, all of their monthly fares went to pay the loans.

    When the market bottomed out in 2014, the head of the Progressive Credit Union, Robert Familan, made nearly $35 million from his medallion loan non-profit company.

    Employees were encouraged to give out shaky loans with bonuses and trips, the report says.

    The lenders denied any wrongdoing and the former chairwoman of the city’s Taxi and Limousine Commission said it wasn’t the commission’s job to regulate the lending, the report says.

    But Meera Joshi did tell the paper “lots of people just watched it happen.”

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • 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

  • U.S. military stops tracking key metric on Afghan war as situation deteriorates - Reuters
    https://www.reuters.com/article/us-usa-afghanistan-military-idUSKCN1S734C

    Les #États-Unis ont cessé de mesurer le degré de contrôle du territoire du pays par le gouvernement de Kaboul soutenu par l’Occident.
    https://news-24.fr/les-etats-unis-etablissent-des-indicateurs-cles-pour-la-surveillance-des-gou
    https://news-24.fr/wp-content/uploads/2019/05/5cc96e37fc7e9367598b45c6.JPG

    La Mission de soutien à l’#OTAN Resolute, dirigée par les États-Unis, a cessé de mesurer le degré de contrôle du territoire du pays par le gouvernement de Kaboul soutenu par l’Occident, a écrit John Sopko, Inspecteur général pour la reconstruction en #Afghanistan (SIGAR) un rapport trimestriel.

    [...]

    Sopko, dont le rôle est de surveiller la manière dont les États-Unis dépensent de l’argent pour leur présence militaire en Afghanistan, a déclaré à Reuters que cette décision du commandement était un autre coup porté à la transparence déjà amoindrie de la politique de Washington dans le pays.

    #leadership

    • Experts said that the move to stop tracking the key data was worrying because Washington had publicly set a benchmark which would now be difficult to measure.

      In November 2017, the top U.S. general in Afghanistan at the time set a goal of driving back Taliban insurgents enough for the government to control at least 80 percent of the country within two years.

      “If the military is not going to be tracking that data anymore, that is going to make it a lot more difficult to get a sense as to how strong the Taliban is,” Michael Kugelman, with the Woodrow Wilson Center, said.

      “That may well be the military’s intention,” he said.

  • Défense russe : Paris et Bruxelles préparent une provocation à l’arme chimique en Syrie - Sputnik France
    https://fr.sputniknews.com/international/201903291040547317-france-belgique-preparent-provocation-syrie

    « Les services secrets de France et de Belgique préparent une provocation à l’arme chimique en Syrie afin d’accuser les forces aérospatiales russes d’avoir porté des frappes contre les civils », a déclaré vendredi aux journalistes le chef du Centre russe pour la réconciliation des parties en conflit en Syrie, le général de brigade Victor Kouptchichine.

    « Les représentants des services secrets occidentaux ont déjà tenu une réunion appropriée avec les chefs de file des terroristes à Idlib », a-t-il indiqué.

    Selon des informations détenues par le Centre, les formations armées illégales qui déploient leurs activités sur le territoire de la zone de désescalade d’Idlib préparent des provocations en vue d’accuser les militaires russes et les troupes gouvernementales syriennes d’avoir employé des substances toxiques contre les civils, a noté le ministère russe de la Défense sur son site.

    « Pour organiser ces provocations, des représentants des services secrets français et belges sont arrivés à Idlib. Une rencontre s’est tenue sous leur direction avec des chefs de file des groupes terroristes Hayat Tahrir al-Cham* (anciennement Front al-Nosra*) et Tanzim Hurras ad-Din (ayant prêté allégeance à Al-Qaïda*), ainsi qu’avec des représentants de l’organisation soi-disant humanitaire des Casques blancs », a poursuivi Victor Kouptchichine.

    Il a ajouté que la réunion avait été consacrée à la mise en scène d’images appropriées « censées prouver que la Russie et la Syrie ont employé des substances toxiques contre les civils ».

    Toujours selon Victor Kouptchichine, chaque participant à la mise en scène de l’attaque chimique sera payé 100 dollars US (presque 90 euros).

    Il a fait remarquer également que les organisateurs de la provocation pourraient avoir recours à des gaz toxiques réels afin de garantir « l’authenticité » des photos et des vidéos.

    Dans ce contexte, le Centre russe pour la réconciliation des parties en conflit en Syrie a appelé les chefs des formations armées illégales à refuser toute provocation armée et à s’engager dans la voie d’un règlement pacifique dans les régions qu’ils contrôlent.

    #syrie #false_flag #faux-drapeau

  • US ‘To End Contacts’ With Afghan NSA Over His Recent Remarks | TOLOnews
    https://www.tolonews.com/afghanistan/us-%E2%80%98-end-contacts%E2%80%99-afghan-nsa-over-his-recent-remarks

    Mohib in a Washington news conference on March 14 accused the US Special Envoy Zalmay Khalilzad of “delegitimizing” the Kabul government by excluding it from peace negotiations with the #Taliban and acting like a “viceroy”. He also said that the US has created an information vacuum regarding the peace talks with the Taliban. 

    According to the Reuters report, the day after Mohib made his comments, David Hale — the US undersecretary of state for political affairs — told Ghani by phone that Mohib would no longer be received in Washington and that US civilian and military officials would not do business with him.

    #afghanistan #etats-unis

  • #radio Mulambo
    http://www.radiopanik.org/emissions/radio-mukambo/radio-mulambo

    CD of the week: K.O.G & The Zongo Brigade – Wahala Wahala

    Tracklist:

    1. K.O.G & The Zongo Brigade – Suro Nipa

    2. Calypso Rose – Calypso Blues

    3. Minyeshu – Yikerta

    4. The Fontanas – Fuel To My Fire

    5. K.O.G & The Zongo Brigade – For My People

    6. Inna De Yard feat. Ken Boothe – Everything I Own

    7. Soraia Drummond – You Don’t Know

    8. The Bongo Hop – Sonora

    9. Taiwan MC – Mojo Rydim (Rafael Aragon Cumbia remix)

    10. K.O.G & The Zongo Brigade – Medowo

    11. Nubiyan Twist feat. K.O.G – They Talk

    12. Poetic Pilgrimage feat. Aziza Brahim – Regresso

    13. Borchi y Su Doble Redoble feat. Charlot – Ven al baile

    14. Ifriqiyya Électrique – He Eh (...)

    #mukambo #radio,mukambo
    http://www.radiopanik.org/media/sounds/radio-mukambo/radio-mulambo_06440__1.mp3

  • Under Peace Plan, U.S. Military Would Exit #Afghanistan Within Five Years - The New York Times
    https://www.nytimes.com/2019/02/28/us/politics/afghanistan-military-withdrawal.html

    #Taliban negotiators deeply oppose the proposal for American counterterrorism troops to remain in Afghanistan for up to five years, and officials were unsure if a shorter period of time would be accepted by the militants’ rank and file.

    #etats-unis #paix

  • #Shamima_Begum: Isis Briton faces move to revoke citizenship

    The Guardian understands the home secretary thinks section 40(2) of the British Nationality Act 1981 gives him the power to strip Begum of her UK citizenship.

    He wrote to her family informing them he had made such an order, believing the fact her parents are of Bangladeshi heritage means she can apply for citizenship of that country – though Begum says she has never visited it.

    This is crucial because, while the law bars him from making a person stateless, it allows him to remove citizenship if he can show Begum has behaved “in a manner which is seriously prejudicial to the vital interests of the UK” and he has “reasonable grounds for believing that the person is able, under the law of a country or territory outside the UK, to become a national of such a country or territory”.


    https://www.theguardian.com/world/2019/feb/19/isis-briton-shamima-begum-to-have-uk-citizenship-revoked?CMP=Share_Andr
    #citoyenneté #UK #Angleterre #apatridie #révocation #terrorisme #ISIS #EI #Etat_islamique #nationalité #déchéance_de_nationalité

    • What do we know about citizenship stripping?

      The Bureau began investigating the Government’s powers to deprive individuals of their British citizenship two years ago.

      The project has involved countless hours spent in court, deep and detailed use of the freedom of information act and the input of respected academics, lawyers and politicians.

      The Counter-Terrorism Bill was presented to Parliament two weeks ago. New powers to remove passports from terror suspects and temporarily exclude suspected jihadists from the UK have focused attention on the Government’s citizenship stripping powers, which have been part of the government’s counter-terrorism tools for nearly a decade.

      A deprivation order can be made where the home secretary believes that it is ‘not conducive’ to the public good for the individual to remain in the country, or where citizenship is believed to have been obtained fraudulently. The Bureau focuses on cases based on ‘not conducive’ grounds, which are related to national security and suspected terrorist activity.

      Until earlier this year, the Government was only able to remove the citizenship of British nationals where doing so wouldn’t leave them stateless. However, in July an amendment to the British Nationality Act (BNA) came into force and powers to deprive a person of their citizenship were expanded. Foreign-born, naturalised individuals can now be stripped of their UK citizenship on national security grounds even if it renders them stateless, a practice described by a former director of public prosecutions as being “beloved of the world’s worst regimes during the 20th century”.

      So what do we know about how these powers are used?
      The numbers

      53 people have been stripped of their British citizenship since 2002 – this includes both people who were considered to have gained their citizenship fraudulently, as well as those who have lost it for national security reasons.
      48 of these were under the Coalition government.
      Since 2006, 27 people have lost their citizenship on national security grounds; 24 of these were under the current Coalition government.
      In 2013, home secretary Theresa May stripped 20 individuals of their British citizenship – more than in all the preceding years of the Coalition put together.
      The Bureau has identified 18 of the 53 cases, 17 of which were deprived of their citizenship on national security grounds.
      15 of the individuals identified by the Bureau who lost their citizenship on national security grounds were abroad at the time of the deprivation order.
      At least five of those who have lost their nationality were born in the UK.
      The previous Labour government used deprivation orders just five times in four years.
      Hilal Al-Jedda was the first individual whose deprivation of citizenship case made it to the Supreme Court. The home secretary lost her appeal as the Supreme Court justices unanimously ruled her deprivation order against Al-Jedda had made him illegally stateless. Instead of returning his passport, just three weeks later the home secretary issued a second deprivation order against him.
      This was one of two deprivation of citizenship cases to have made it to the Supreme Court, Britain’s uppermost court, to date.
      In November 2014 deprivation of citizenship case number two reached the Supreme Court, with the appellant, Minh Pham, also arguing that the deprivation order against him made him unlawfully stateless.
      Two of those stripped of their British citizenship by Theresa May in 2010, London-born Mohamed Sakr and his childhood friend Bilal al Berjawi, were later killed by US drone strikes in Somalia.
      One of the individuals identified by the Bureau, Mahdi Hashi, was the subject of rendition to the US, where he was held in secret for over a month and now faces terror charges.
      Only one individual, Iraqi-born Hilal al-Jedda, is currently known to have been stripped of his British citizenship twice.
      Number of Bureau Q&As on deprivation of citizenship: one.

      https://www.thebureauinvestigates.com/stories/2014-12-10/what-do-we-know-about-citizenship-stripping
      #statistiques #chiffres

    • ‘My British citizenship was everything to me. Now I am nobody’ – A former British citizen speaks out

      When a British man took a holiday to visit relatives in Pakistan in January 2012 he had every reason to look forward to returning home. He worked full time at the mobile phone shop beneath his flat in southeast London, he had a busy social life and preparations for his family’s visit to the UK were in full flow.

      Two years later, the man, who cannot be named for legal reasons, is stranded in Pakistan, and claims he is under threat from the Taliban and unable to find work to support his wife and three children.

      He is one of 27 British nationals since 2006 who have had their citizenship removed under secretive government orders on the grounds that their presence in the UK is ‘not conducive to the public good’. He is the first to speak publicly about his ordeal.

      ‘My British citizenship was everything to me. I could travel around the world freely,’ he told the Bureau. ‘That was my identity but now I am nobody.’

      Under current legislation, the Home Secretary, Theresa May, has the power to strip dual nationals of their British citizenship if she deems their presence in the UK ‘not conducive to the public good’, or if their nationality was gained on fraudulent grounds. May recently won a Commons vote paving the way to allow her to strip the citizenship of foreign-born or naturalised UK nationals even if it rendered them stateless. Amendments to the Immigration Bill – including the controversial Article 60 concerning statelessness – are being tabled this week in the House of Lords.

      A Bureau investigation in December 2013 revealed 20 British nationals were stripped of their citizenship last year – more than in all previous years under the Coalition combined. Twelve of these were later revealed to have been cases where an individual had gained citizenship by fraud; the remaining eight are on ‘conducive’ grounds.

      Since 2006 when the current laws entered force, 27 orders have been made on ‘conducive’ grounds, issued in practice against individuals suspected of involvement in extremist activities. The Home Secretary often makes her decision when the individual concerned is outside the UK, and, in at least one case, deliberately waited for a British national to go on holiday before revoking his citizenship.

      The only legal recourse to these decisions, which are taken without judicial approval, is for the individual affected to submit a formal appeal to the Special Immigration and Asylum Committee (Siac), where evidence can be heard in secret, within 28 days of the order being given. These appeals can take years to conclude, leaving individuals – the vast majority of whom have never been charged with an offence – stranded abroad.

      The process has been compared to ‘medieval exile’ by leading human rights lawyer Gareth Peirce.

      The man, who is referred to in court documents as E2, was born in Afghanistan and still holds Afghan citizenship. He claimed asylum in Britain in 1999 after fleeing the Taliban regime in Kabul, and was granted indefinite leave to remain. In 2009 he became a British citizen.

      While his immediate family remained in Pakistan, E2 came to London, where he worked and integrated in the local community. Although this interview was conducted in his native Pashto, E2 can speak some English.

      ‘I worked and I learned English,’ he says. ‘Even now I see myself as a British. If anyone asks me, I tell them that I am British.’

      But, as of March 28 2012, E2 is no longer a British citizen. After E2 boarded a flight to Kabul in January 2012 to visit relatives in Afghanistan and his wife and children in Pakistan, a letter containing May’s signature was sent to his southeast London address from the UK Border Agency, stating he had been deprived of his British nationality. In evidence that remains secret even from him, E2 was accused of involvement in ‘Islamist extremism’ and deemed a national security threat. He denies the allegation and says he has never participated in extremist activity.

      In the letter the Home Secretary wrote: ‘My decision has been taken in part reliance on information which, in my opinion should not be made public in the interest of national security and because disclosure would be contrary to the public interest.’

      E2 says he had no way of knowing his citizenship had been removed and that the first he heard of the decision was when he was met by a British embassy official at Dubai airport on May 25 2012, when he was on his way back to the UK and well after his appeal window shut.

      E2’s lawyer appealed anyway, and submitted to Siac that: ‘Save for written correspondence to the Appellant’s last known address in the UK expressly stating that he has 28 days to appeal, i.e. acknowledging that he was not in the UK, no steps were taken to contact the Appellant by email, telephone or in person until an official from the British Embassy met him at Dubai airport and took his passport from him.’

      The submission noted that ‘it is clear from this [decision] that the [Home Secretary] knew that the Appellant [E2] is out of the country as the deadline referred to is 28 days.’

      The Home Office disputed that E2 was unaware of the order against him, and a judge ruled that he was satisfied ‘on the balance of probabilities’ that E2 did know about the removal of his citizenship. ‘[W]e do not believe his statement,’ the judge added.

      His British passport was confiscated and, after spending 18 hours in an airport cell, E2 was made to board a flight back to Kabul. He has remained in Afghanistan and Pakistan ever since. It is from Pakistan that he agreed to speak to the Bureau last month.

      Daniel Carey, who is representing E2 in a fresh appeal to Siac, says: ‘The practice of waiting until a citizen leaves the UK before depriving them of citizenship, and then opposing them when they appeal out of time, is an intentional attack on citizens’ due process rights.

      ‘By bending an unfair system to its will the government is getting worryingly close to a system of citizenship by executive fiat.’

      While rules governing hearings at Siac mean some evidence against E2 cannot be disclosed on grounds of national security, the Bureau has been able to corroborate key aspects of E2’s version of events, including his best guess as to why his citizenship was stripped. His story revolves around an incident that occurred thousands of miles away from his London home and several years before he saw it for the last time.

      In November 2008, Afghan national Zia ul-Haq Ahadi was kidnapped as he left the home of his infirmed mother in Peshawar, Pakistan. The event might have gone unnoticed were he not the brother of Afghanistan’s then finance minister and former presidential hopeful Anwar ul-Haq Ahadi. Anwar intervened, and after 13 months of tortuous negotiations with the kidnappers, a ransom was paid and Zia was released. E2 claims to have been the man who drove a key negotiator to Zia’s kidnappers.

      While the Bureau has not yet been able to confirm whether E2 had played the role he claimed in the release, a source with detailed knowledge of the kidnapping told the Bureau he was ‘willing to give [E2] some benefit of the doubt because there are elements of truth [in his version of events].’

      The source confirmed a man matching E2’s description was involved in the negotiations.

      ‘We didn’t know officially who the group was, but they were the kidnappers. I didn’t know whether they were with the Pakistani or Afghan Taliban,’ E2 says. ‘After releasing the abducted person I came back to London.’

      E2 guesses – since not even his lawyers have seen specific evidence against him – that it was this activity that brought him to the attention of British intelligence services. After this point, he was repeatedly stopped as he travelled to and from London and Afghanistan and Pakistan to visit relatives four times between the end of 2009 and the beginning of 2012.

      ‘MI5 questioned me for three or four hours each time I came to London at Heathrow airport,’ he says. ‘They said people like me [Pashtun Afghans] go to Waziristan and from there you start fighting with British and US soldiers.

      ‘The very last time [I was questioned] was years after the [kidnapping]. I was asked to a Metropolitan Police station in London. They showed me pictures of Gulbuddin Hekmatyar [former Afghan prime minister and militant with links to the Pakistani Taliban (TTP)] along with other leaders and Taliban commanders. They said: ‘You know these guys.’

      He claims he was shown a photo of his wife – a highly intrusive action in conservative Pashtun culture – as well as one of someone he was told was Sirajuddin Haqqani, commander of the Haqqani Network, one of the most lethal TTP-allied groups.

      ‘They said I met him, that I was talking to him and I have connections with him. I said that’s wrong. I told [my interrogator] that you can call [Anwar al-Ahady] and he will explain that he sent me to Waziristan and that I found and released his brother,’ E2 says.

      ‘I don’t know Sirajuddin Haqqani and I didn’t meet him.’

      The Haqqani Network, which operates in Pakistan’s Federally Administered Tribal Areas and across the border in Afghanistan, was designated as a terrorist organisation by the United States in September 2012. It has claimed responsibility for a score of attacks against Afghan, Pakistani and NATO security forces in Afghanistan and Pakistan. The UN accuses Sirajuddin Haqqani of being ‘actively involved in the planning and execution of attacks targeting International Security Assistance Forces (ISAF), Afghan officials and civilians.’

      E2 says he has no idea whether Haqqani was involved in Zia’s kidnapping, but he believes the security services may have started investigating him when he met the imam of a mosque he visited in North Waziristan.

      ‘The imam had lunch with us and he was with me while I was waiting for my father-in-law. I didn’t take his number but I gave him mine. That imam often called me on my shop’s BT telephone line [in London]. These calls put me in trouble,’ he says.

      If E2’s version of events is accurate, it would mean he gained his British citizenship while he was negotiating Zia’s release. He lost it less than three years later.

      The Home Office offered a boilerplate response to the Bureau’s questions: ‘The Home Secretary will remove British citizenship from individuals where she feels it is conducive to the public good to do so.’

      When challenged specifically on allegations made by E2, the spokesman said the Home Office does not comment on individual cases.

      E2 says he now lives in fear for his safety in Pakistan. Since word has spread that he lost his UK nationality, locals assume he is guilty, which he says puts him at risk of attack from the Pakistani security forces. In addition, he says his family has received threats from the Taliban for his interaction with MI5.

      ‘People back in Afghanistan know that my British passport was revoked because I was accused of working with the Taliban. I can’t visit my relatives and I am an easy target to others,’ he said. ‘Without the British passport here, whether [by] the government or Taliban, we can be executed easily.’

      E2 is not alone in fearing for his life after being exiled from Britain. Two British nationals stripped of their citizenship in 2010 were killed a year later by a US drone strike in Somalia. A third Briton, Mahdi Hashi, disappeared from east Africa after having his citizenship revoked in June 2012 only to appear in a US court after being rendered from Djibouti.

      E2 says if the government was so certain of his involvement in extremism they should allow him to stand trial in a criminal court.

      ‘When somebody’s citizenship is revoked if he is criminal he should be put in jail, otherwise he should be free and should have his passport returned,’ he says.

      ‘My message [to Theresa May] is that my citizenship was revoked illegally. It’s wrong that only by sending a letter that your citizenship is revoked. What kind of democracy is it that?’

      https://www.thebureauinvestigates.com/stories/2014-03-17/my-british-citizenship-was-everything-to-me-now-i-am-nobody-a

  • Israel just admitted arming anti-Assad Syrian rebels. Big mistake - Middle East News
    Haaretz.com - Daniel J. Levy Jan 30, 2019 5:03 PM
    https://www.haaretz.com/middle-east-news/.premium-israel-just-admitted-arming-anti-assad-syrian-rebels-big-mistake-1

    In his final days as the Israel Defense Forces’ Chief of Staff, Lieutenant General Gadi Eisenkot confirmed, on the record, that Israel had directly supported anti-Assad Syrian rebel factions in the Golan Heights by arming them.

    This revelation marks a direct break from Israel’s previous media policy on such matters. Until now, Israel has insisted it has only provided humanitarian aid to civilians (through field hospitals on the Golan Heights and in permanent healthcare facilities in northern Israel), and has consistently denied or refused to comment on any other assistance.

    In short, none other than Israel’s most (until recently) senior serving soldier has admitted that up until his statement, his country’s officially stated position on the Syrian civil war was built on the lie of non-intervention.

    As uncomfortable as this may initially seem, though, it is unsurprising. Israel has a long history of conducting unconventional warfare. That form of combat is defined by the U.S. government’s National Defense Authorization Act for Fiscal Year 2016 as “activities conducted to enable a resistance movement or insurgency to coerce, disrupt or overthrow an occupying power or government by operating through or with an underground, auxiliary or guerrilla force in a denied area” in the pursuit of various security-related strategic objectives.

    While the United States and Iran are both practitioners of unconventional warfare par excellence, they primarily tend to do so with obvious and longer-term strategic allies, i.e. the anti-Taliban Northern Alliance fighters in Afghanistan, and various Shia militias in post-2003 Iraq.

    In contrast, Israel has always shown a remarkable willingness to form short-term tactical partnerships with forces and entities explicitly hostile to its very existence, as long as that alliance is able to offer some kind of security-related benefits.

    The best example of this is Israel’s decision to arm Tehran during the Iran-Iraq War, despite the Islamic Republic of Iran’s strong anti-Zionist rhetoric and foreign policy. During the 1980s, Iraq remained Jerusalem’s primary conventional (and arguably existential) military threat. Aiding Tehran to continue fighting an attritional war against Baghdad reduced the risk the latter posed against Israel.

    Similarly, throughout the civil war in Yemen in the 1960s, Israel covertly supported the royalist Houthi forces fighting Egyptian-backed republicans. Given Egypt’s very heavy military footprint in Yemen at the time (as many as a third of all Egyptian troops were deployed to the country during this period), Israelis reasoned that this military attrition would undermine their fighting capacity closer to home, which was arguably proven by Egypt’s lacklustre performance in the Six Day War.

    Although technically not unconventional warfare, Israel long and openly backed the South Lebanon Army, giving it years of experience in arming, training, and mentoring a partner indigenous force.

    More recently, though, Israel’s policy of supporting certain anti-Assad rebel groups remains consistent with past precedents of with whom and why it engages in unconventional warfare. Israel’s most pressing strategic concern and potential threat in Syria is an Iranian encroachment onto its northern border, either directly, or through an experienced and dangerous proxy such as Hezbollah, key to the Assad regime’s survival.

    For a number of reasons, Israel committing troops to overt large-scale operations in Syria to prevent this is simply unfeasible. To this end, identifying and subsequently supporting a local partner capable of helping Israel achieve this strategic goal is far more sensible, and realistic.

    Open source details of Israel’s project to support anti-Assad rebel groups are sparse, and have been since the outbreak of the Syrian civil war.

    Reports of this first arose towards the end of 2014, and one described how United Nations officials had witnessed Syrian rebels transferring injured patients to Israel, as well as “IDF soldiers on the Israeli side handing over two boxes to armed Syrian opposition members on the Syrian side.” The same report also stated that UN observers said they saw “two IDF soldiers on the eastern side of the border fence opening the gate and letting two people enter Israel.”

    Since then, a steady stream of similar reports continued to detail Israeli contacts with the Syrian rebels, with the best being written and researched by Elizabeth Tsurkov. In February, 2014 she wrote an outstanding feature for War On The Rocks, where she identified Liwaa’ Fursan al-Jolan and Firqat Ahrar Nawa as two groups benefiting from Israeli support, named Iyad Moro as “Israel’s contact person in Beit Jann,” and stated that weaponry, munitions, and cash were Israel’s main form of military aid.

    She also describes how Israel has supported its allied groups in fighting local affiliates of Islamic State with drone strikes and high-precision missile attacks, strongly suggesting, in my view, the presence of embedded Israeli liaison officers of some kind.

    A 2017 report published by the United Nations describes how IDF personnel were observed passing supplies over the Syrian border to unidentified armed individuals approaching them with convoys of mules, and although Israel claims that these engagements were humanitarian in nature, this fails to explain the presence of weaponry amongst the unidentified individuals receiving supplies from them.

    Writing for Foreign Policy in September 2018, Tsurkov again detailed how Israel was supporting the Syrian rebel factions, stating that material support came in the form of “assault rifles, machine guns, mortar launchers and transport vehicles,” which were delivered “through three gates connecting the Israeli-occupied Golan Heights to Syria - the same crossings Israel used to deliver humanitarian aid to residents of southern Syria suffering from years of civil war.” She also dates this support to have begun way back in 2013.

    The one part of Israel’s involvement in the Syrian Civil War which has been enthusiastically publicised, though, has been its ongoing humanitarian operations in the Golan. Dubbed “Operation Good Neighbor,” this was established in June 2016, and its stated aim is to “provide humanitarian aid to as many people as possible while maintaining Israel’s policy of non-involvement in the conflict.”

    Quite clearly, this is - at least in parts - a lie, as even since before its official commencement, Israel was seemingly engaging with and supporting various anti-Assad factions.

    Although Operation Good Neighbor patently did undertake significant humanitarian efforts in southern Syria for desperate Syrian civilians (including providing free medical treatment, infrastructure support, and civilian aid such as food and fuel), it has long been my personal belief that it was primarily a smokescreen for Israel’s covert unconventional warfare efforts in the country.

    Although it may be argued that deniability was initially necessary to protect Israel’s Syrian beneficiaries who could not be seen to be working with Jerusalem for any number of reasons (such as the likely detrimental impact this would have on their local reputation if not lives), this does not justify Israel’s outright lying on the subject. Instead, it could have mimicked the altogether more sensible approach of the British government towards United Kingdom Special Forces, which is simply to restate their position of not commenting, confirming, or denying any potentially relevant information or assertions.

    Israel is generous in its provision of humanitarian aid to the less fortunate, but I find it impossible to believe that its efforts in Syria were primarily guided by altruism when a strategic objective as important as preventing Iran and its proxies gaining a toehold on its northern border was at stake.

    Its timing is interesting and telling as well. Operation Good Neighbor was formally put in place just months after the Assad regime began its Russian-backed counter-offensive against the rebel factions, and ceased when the rebels were pushed out of southern Syria in September 2018.

    But it’s not as if that September there were no longer civilians who could benefit from Israeli humanitarian aid, but an absence of partners to whom Israel could feasibly directly dispatch arms and other supplies. Although Israel did participate in the rescue of a number of White Helmets, this was done in a relatively passive manner (allowing their convoy to drive to Jordan through Israeli territory), and also artfully avoided escalating any kind of conflict with the Assad’s forces and associated foreign allies.

    Popular opinion - both in Israel and amongst Diaspora Jews - was loud and clear about the ethical necessity of protecting Syrian civilians (especially from historically-resonant gas attacks). But it’s unlikely this pressure swung Israel to intervene in Syria. Israel already had a strong interest in keeping Iran and its proxies out southern Syria, and that would have remained the case, irrespective of gas attacks against civilians.

    Although Israel has gone to great lengths to conceal its efforts at unconventional warfare within the Syrian civil war, it need not have. Its activities are consistent with its previous efforts at promoting strategic objectives through sometimes unlikely, if not counter-intuitive, regional partners.

    Perhaps the reason why Eisenkot admitted that this support was taking place was because he knew that it could not be concealed forever, not least since the fall of the smokescreen provided by Operation Good Neighbor. But the manner in which Israel operated may have longer-term consequences.

    Israel is unlikely to change how it operates in the future, but may very well find future potential tactical partners less than willing to cooperate with it. In both southern Lebanon and now Syria, Israel’s former partners have found themselves exposed to dangers borne out of collaboration, and seemingly abandoned.

    With that kind of history and record, it is likely that unless they find themselves in desperate straits, future potential partners will think twice before accepting support from, and working with, Israel.

    For years, Israel has religiously adhered to the official party line that the country’s policy was non-intervention, and this has now been exposed as a lie. Such a loss of public credibility may significantly inhibit its abilities to conduct influence operations in the future.

    Daniel J. Levy is a graduate of the Universities of Leeds and Oxford, where his academic research focused on Iranian proxies in Syria, Lebanon, Iraq and Palestine. He lives in the UK and is the Founding Director of The Ortakoy Security Group. Twitter: @danielhalevy

    #IsraelSyrie

  • NYC passes minimum pay wage for Uber and Lyft drivers
    https://www.engadget.com/2018/12/04/nyc-minimum-pay-wage-uber-lyft-drivers

    12.04.18 - New York City’s Taxi and Limousine Commission voted today to establish a minimum wage for drivers working for companies like Uber, Lyft, Juno and Via. The city is the first in the US to set a minimum pay rate for app-based drivers. Going forward, the minimum pay will be set at $17.22 per hour after expenses, bringing it in line with the city’s $15 per hour minimum wage for typical employees, which will take effect at the end of the year. The additional $2.22 takes into account contract drivers’ payroll taxes and paid time off.

    “Today we brought desperately needed relief to 80,000 working families. All workers deserve the protection of a fair, livable wage and we are proud to be setting the new bar for contractor workers’ rights in America,” Jim Conigliaro, Jr., founder of the Independent Drivers Guild, said in a statement. “We are thankful to the Mayor, Commissioner Joshi and the Taxi and Limousine Commission, City Council Member Brad Lander and all of the city officials who listened to and stood up for drivers.”

    Earlier this year, the Taxi and Limousine Commission released the results of a study it requested, which recommended the new pay floor. And in August, NYC Mayor Bill de Blasio signed a bill requiring the commission to set a base pay rate. The Independent Drivers Guild, which has been working towards a minimum pay rate for some time, estimates that contract drivers in the city are currently earning just $11.90 per hour after expenses.

    Across the US, there’s been increased scrutiny on what companies like Uber and Lyft are actually paying their workers. In May, San Francisco subpoenaed the two companies for their pay records, and both companies have faced lawsuits over driver wages. Last year, NYC began requiring all ride-hailing services to offer an in-app tipping option.

    The rules passed today aren’t sitting well with the companies affected by them, however. Lyft told Engadget that it’s concerned that calculating pay per ride rather than per week will incentivize short rides over long rides. Further, Lyft says the new out of town rates — which require companies to pay drivers more when they take passengers outside of the city and return without a passenger — will be hard to implement before the new regulations take effect in 30 days.

    “Lyft believes all drivers should earn a livable wage and we are committed to helping drivers reach their goals,” the company told Engadget. “Unfortunately, the TLC’s proposed pay rules will undermine competition by allowing certain companies to pay drivers lower wages, and disincentive drivers from giving rides to and from areas outside Manhattan. These rules would be a step backward for New Yorkers, and we urge the TLC to reconsider them.”

    Uber released a statement as well ahead of today’s vote. The company’s director of public affairs, Jason Post, said:

    “Uber supports efforts to ensure that full-time drivers in NYC - whether driving with taxi, limo or Uber - are able to make a living wage, without harming outer borough riders who have been ignored by yellow taxi and underserved by mass transit.

    The TLC’s implementation of the City Council’s legislation to increase driver earnings will lead to higher than necessary fare increases for riders while missing an opportunity to immediately reduce congestion in Manhattan’s central business district.

    The TLC’s rules does not take into account incentives or bonuses forcing companies to raise rates even higher. Companies use incentives and bonuses as part of driver earnings to ensure reliability citywide by providing a monetary incentive to drivers to complete trips in areas that need them the most (such as outside of Manhattan).

    In addition, the rules miss an opportunity to immediately deal with congestion in Manhattan’s central business district. A recent TLC study authored by economists James Parrott and Michael Reich describes a formula that would financially punish companies who have low utilization rates. Instead, the TLC is choosing the adopt an industry-wide utilization rate that does not hold bases accountable for keeping cars full with paying passengers.”

    #USA #New_York #Uber #Mindestlohn

  • Detainees Evacuated out of Libya but Resettlement Capacity Remains Inadequate

    According to the United Nations Refugee Agency (#UNHCR) 262 migrants detained in Libya were evacuated to Niger on November 12- the largest evacuation from Libya carried out to date. In addition to a successful airlift of 135 people in October this year, this brings the total number of people evacuated to more than 2000 since December 2017. However Amnesty International describes the resettlement process from Niger as slow and the number of pledges inadequate.

    The evacuations in October and November were the first since June when the Emergency Transit Mechanism (ETM) centre in Niger reached its full capacity of 1,536 people, which according to Amnesty was a result of a large number of people “still waiting for their permanent resettlement to a third country.”

    57,483 refugees and asylum seekers are registered by UNHCR in Libya; as of October 2018 14,349 had agreed to Voluntary Humanitarian Return. Currently 3,886 resettlement pledges have been made by 12 states, but only 1,140 have been resettled.

    14,595 people have been intercepted by the Libyan coast guard and taken back to Libya, however it has been well documented that their return is being met by detention, abuse, violence and torture. UNHCR recently declared Libya unsafe for returns amid increased violence in the capital, while Amnesty International has said that “thousands of men, women and children are trapped in Libya facing horrific abuses with no way out”.

    In this context, refugees and migrants are currently refusing to disembark in Misrata after being rescued by a cargo ship on November 12, reportedly saying “they would rather die than be returned to land”. Reuters cited one Sudanese teenager on board who stated “We agree to go to any place but not Libya.”

    UNHCR estimates that 5,413 refugees and migrants remain detained in #Directorate_for_Combatting_Illegal_Migration (#DCIM) centres and the UN Refugee Agency have repetedly called for additional resettlement opportunities for vulnerable persons of concern in Libya.

    https://www.ecre.org/detainees-evacuated-out-of-libya-but-resettlement-capacity-remains-inadequate
    #réinstallation #Niger #Libye #évacuation #asile #migrations #réfugiés #HCR #détention #centres_de_détention #Emergency_Transit_Mechanism (#ETM)

    • ET DES INFORMATIONS PLUS ANCIENNES DANS LE FIL CI-DESSOUS

      Libya: evacuations to Niger resumed – returns from Niger begun

      After being temporarily suspended in March as the result of concerns from local authorities on the pace of resettlement out of Niger, UNHCR evacuations of vulnerable refugees and asylum seekers from Libya through the Emergency Transit Mechanism has been resumed and 132 vulnerable migrants flown to the country. At the same time the deportation of 132 Sudanese nationals from Niger to Libya has raised international concern.

      Niger is the main host for refugees and asylum seekers from Libya evacuated by UNHCR. Since the UN Refugee Agency began evacuations in cooperation with EU and Libyan authorities in November 2017, Niger has received 1,152 of the 1,474 people evacuated in total. While UNHCR has submitted 475 persons for resettlement a modest 108 in total have been resettled in Europe. According to UNHCR the government in Niger has now offered to host an additional 1,500 refugees from Libya through the Emergency Transit Mechanism and upon its revival and the first transfer of 132 refugees to Niger, UNHCR’s Special Envoy for the Central Mediterranean Situation, Vincent Cochetel stated: “We now urgently need to find resettlement solutions for these refugees in other countries.”

      UNHCR has confirmed the forced return by authorities in Niger of at least 132 of a group of 160 Sudanese nationals arrested in the migrant hub of Agadez, the majority after fleeing harsh conditions in Libya. Agadez is known as a major transit hub for refugees and asylum seekers seeking passage to Libya and Europe but the trend is reversed and 1,700 Sudanese nationals have fled from Libya to Niger since December 2017. In a mail to IRIN News, Human Rights Watch’s associate director for Europe and Central Asia, Judith Sunderland states: “It is inhuman and unlawful to send migrants and refugees back to Libya, where they face shocking levels of torture, sexual violence, and forced labour,” with reference to the principle of non-refoulement.

      According to a statement released by Amnesty International on May 16: “At least 7,000 migrants and refugees are languishing in Libyan detention centres where abuse is rife and food and water in short supply. This is a sharp increase from March when there were 4,400 detained migrants and refugees, according to Libyan officials.”

      https://www.ecre.org/libya-evacuations-to-niger-resumed-returns-from-niger-begun

    • Libya: return operations running but slow resettlement is jeopardizing the evacuation scheme

      According to the International Organization for Migration (IOM) 15.000 migrants have been returned from Libya to their country of origin and the United Nations High Commissioner for Refugees (UNHCR) has assisted in the evacuation of more than 1,300 refugees from Libya thereby fulfilling the targets announced at the AU-EU-UN Taskforce meeting in December 2017. However, a modest 25 of the more than 1000 migrants evacuated to Niger have been resettled to Europe and the slow pace is jeopardizing further evacuations.

      More than 1000 of the 1300 migrants evacuated from Libya are hosted by Niger and Karmen Sakhr, who oversees the North Africa unit at the UNHCR states to the EU Observer that the organisation: “were advised that until more people leave Niger, we will no longer be able to evacuate additional cases from Libya.”

      During a meeting on Monday 5 March with the Civil Liberties Committee and Foreign Affairs Committee MEPs, members of the Delegation for relations with Maghreb countries, Commission and External Action Service representatives on the mistreatment of migrants and refugees in Libya, and arrangements for their resettlement or return, UNHCR confirmed that pledges have been made by France, Switzerland, Italy, Norway, Sweden and Malta as well as unspecified non-EU countries but that security approvals and interviewing process of the cases is lengthy resulting in the modest number of resettlements, while also warning that the EU member states need to put more work into resettlement of refugees, and that resettlement pledges still fall short of the needs. According to UNHCR 430 pledges has been made by European countries.

      An estimated 5000 people are in government detention and an unknown number held by private militias under well documented extreme conditions.

      https://www.ecre.org/libya-return-operations-running-but-slow-resettlement-is-jeopardizing-the-evac

    • Libya: migrants and refugees out by plane and in by boat

      The joint European Union (EU), African Union (AU) and United Nations (UN) Task Force visited Tripoli last week welcoming progress made evacuating and returning migrants and refugees out of Libya. EU has announced three new programmes, for protecting migrants and refugees in Libya and along the Central Mediterranean Route, and their return and reintegration. Bundestag Research Services and NGOs raise concerns over EU and Member State support to Libyan Coast Guard.

      Representatives of the Task Force, created in November 2017, met with Libyan authorities last week and visited a detention centres for migrants and a shelter for internally displaced people in Tripoli. Whilst they commended progress on Voluntary Humanitarian Returns, they outlined a number of areas for improvement. These include: comprehensive registration of migrants at disembarkation points and detention centres; improving detention centre conditions- with a view to end the current system of arbitrary detention; decriminalizing irregular migration in Libya.

      The three new programmes announced on Monday, will be part of the European Union Emergency Trust Fund for Africa. €115 million will go towards evacuating 3,800 refugees from Libya, providing protection and voluntary humanitarian return to 15,000 migrants in Libya and will support the resettlement of 14,000 people in need of international protection from Niger, Chad, Cameroon and Burkina Faso. €20 million will be dedicated to improving access to social and protection services for vulnerable migrants in transit countries in the Sahel region and the Lake Chad basin. €15 million will go to supporting sustainable reintegration for Ethiopian citizens.

      A recent report by the Bundestag Research Services on SAR operations in the Mediterranean notes the support for the Libyan Coast Guard by EU and Member States in bringing refugees and migrants back to Libya may be violating the principle of non-refoulement as outlined in the Geneva Convention: “This cooperation must be the subject of proceedings before the European Court of Human Rights, because the people who are being forcibly returned with the assistance of the EU are being inhumanely treated, tortured or killed.” stated Andrej Hunko, European policy spokesman for the German Left Party (die Linke). A joint statement released by SAR NGO’s operating in the Mediterranean calls on the EU institutions and leaders to stop the financing and support of the Libyan Coast Guard and the readmissions to a third country which violates fundamental human rights and international law.

      According to UNHCR, there are currently 46,730 registered refugees and asylum seekers in Libya. 843 asylum seekers and refugees have been released from detention so far in 2018. According to IOM 9,379 people have been returned to their countries of origin since November 2017 and 1,211 have been evacuated to Niger since December 2017.

      https://www.ecre.org/libya-migrants-and-refugees-out-by-plane-and-in-by-boat

      Complément de Emmanuel Blanchard (via la mailing-list Migreurop):

      Selon le HCR, il y aurait actuellement environ 6000 personnes détenues dans des camps en Libye et qui seraient en attente de retour ou de protection (la distinction n’est pas toujours très claire dans la prose du HCR sur les personnes à « évacuer » vers le HCR...). Ces données statistiques sont très fragiles et a priori très sous-estimées car fondées sur les seuls camps auxquels le HCR a accès.

    • First group of refugees evacuated from new departure facility in Libya

      UNHCR, the UN Refugee Agency, in coordination with Libyan authorities, evacuated 133 refugees from Libya to Niger today after hosting them at a Gathering and Departure Facility (GDF) in Tripoli which opened on Tuesday.

      Most evacuees, including 81 women and children, were previously detained in Libya. After securing their release from five detention centres across Libya, including in Tripoli and areas as far as 180 kilometres from the capital, they were sheltered at the GDF until the arrangements for their evacuation were concluded.

      The GDF is the first centre of its kind in Libya and is intended to bring vulnerable refugees to a safe environment while solutions including refugee resettlement, family reunification, evacuation to emergency facilities in other countries, return to a country of previous asylum, and voluntary repatriation are sought for them.

      “The opening of this centre, in very difficult circumstances, has the potential to save lives. It offers immediate protection and safety for vulnerable refugees in need of urgent evacuation, and is an alternative to detention for hundreds of refugees currently trapped in Libya,” said UN High Commissioner for Refugees Filippo Grandi.

      The centre is managed by the Libyan Ministry of Interior, UNHCR and UNHCR’s partner LibAid. The initiative is one of a range of measures needed to offer viable alternatives to the dangerous boat journeys undertaken by refugees and migrants along the Central Mediterranean route.

      With an estimated 4,900 refugees and migrants held in detention centres across Libya, including 3,600 in need of international protection, the centre is a critical alternative to the detention of those most vulnerable.

      The centre, which has been supported by the EU and other donors, has a capacity to shelter up to 1,000 vulnerable refugees identified for solutions out of Libya.

      At the facility, UNHCR and partners are providing humanitarian assistance such as accommodation, food, medical care and psychosocial support. Child friendly spaces and dedicated protection staff are also available to ensure that refugees and asylum-seekers are adequately cared for.

      https://www.unhcr.org/news/press/2018/12/5c09033a4/first-group-refugees-evacuated-new-departure-facility-libya.html

    • Migration : à Niamey, des migrants rapatriés de Libye protestent contre leurs conditions de séjour

      Les manifestants protestent contre leur détention de vie qu’ils jugent « déplorables » et pour amplifier leurs mouvements, ils ont brandi des pancartes sur lesquelles ils ont écrit leurs doléances. Les migrants manifestant s’indignent également de leur séjour qui ne cesse de se prolonger, sans véritable alternatives ou visibilité sur leur situation. « Ils nous ont ramené de la Libye pour nous laisser à nous-mêmes ici », « on ne veut pas rester ici, laisser nous partir là où on veut », sont entre autres les slogans que les migrants ont scandés au cours de leur sit-in devant les locaux de l’agence onusienne. Plusieurs des protestataires sont venus à la manifestation avec leurs bagages et d’autres avec leurs différents papiers, qui attestent de leur situation de réfugiés ou demandeurs d’asiles.

      La situation, quoique déplorable, n’a pas manqué de susciter divers commentaires. Il faut dire que depuis le début de l’opération de rapatriement des migrants en détresse de Libye, ils sont des centaines à vivre dans la capitale mais aussi à Agadez où des centres d’accueil sont mis à leurs dispositions par les agences onusiennes (UNHCR, OIM), avec la collaboration des autorités nigériennes. Un certain temps, leur présence de plus en plus massive dans divers quartiers de la capitale où des villas sont mises à leur disposition, a commencé à inquiéter les habitants sur d’éventuels risques sécuritaires.

      Le gouvernement a signé plusieurs accords et adopté des lois pour lutter contre l’immigration clandestine. Il a aussi signé des engagements avec certains pays européens notamment la France et l’Italie, pour l’accueil temporaire des réfugiés en provenance de la Libye et en transit en attendant leur réinstallation dans leur pays ou en Europe pour ceux qui arrivent à obtenir le sésame pour l’entrée. Un geste de solidarité décrié par certaines ONG et que les autorités regrettent presque à demi-mot, du fait du non-respect des contreparties financières promises par les bailleurs et partenaires européens. Le pays fait face lui-même à un afflux de réfugiés nigérians et maliens sur son territoire, ainsi que des déplacés internes dans plusieurs régions, ce qui complique davantage la tâche dans cette affaire de difficile gestion de la problématique migratoire.

      Le Niger accueille plusieurs centres d’accueil pour les réfugiés et demandeurs d’asiles rapatriés de Libye. Le 10 décembre dernier, l’OFPRA français a par exemple annoncé avoir achevé une nouvelle mission au Niger avec l’UNHCR, et qui a concerné 200 personnes parmi lesquelles une centaine évacuée de Libye. En novembre dernier, le HCR a également annoncé avoir repris les évacuations de migrants depuis la Libye, avec un contingent de 132 réfugiés et demandeurs d’asiles vers le Niger.

      Depuis novembre 2017, le HCR a assuré avoir effectué vingt-trois (23) opérations d’évacuation au départ de la Libye et ce, « malgré d’importants problèmes de sécurité et les restrictions aux déplacements qui ont été imposées ». En tout, ce sont 2.476 réfugiés et demandeurs d’asile vulnérables qui ont pu être libérés et acheminés de la Libye vers le Niger (2.069), l’Italie (312) et la Roumanie (95).


      https://www.actuniger.com/societe/14640-migration-a-niamey-des-migrants-rapatries-de-libye-protestent-contr

      Je découvre ici que les évacuations se sont faites aussi vers l’#Italie et... la #Roumanie !

    • Destination Europe: Evacuation. The EU has started resettling refugees from Libya, but only 174 have made it to Europe in seven months

      As the EU sets new policies and makes deals with African nations to deter hundreds of thousands of migrants from seeking new lives on the continent, what does it mean for those following dreams northwards and the countries they transit through? From returnees in Sierra Leone and refugees resettled in France to smugglers in Niger and migrants in detention centres in Libya, IRIN explores their choices and challenges in this multi-part special report, Destination Europe.

      Four years of uncontrolled migration starting in 2014 saw more than 600,000 people cross from Libya to Italy, contributing to a populist backlash that is threatening the foundations of the EU. Stopping clandestine migration has become one of Europe’s main foreign policy goals, and last July the number of refugees and migrants crossing the central Mediterranean dropped dramatically. The EU celebrated the reduced numbers as “good progress”.

      But, as critics pointed out, that was only half the story: the decline, resulting from a series of moves by the EU and Italy, meant that tens of thousands of people were stuck in Libya with no way out. They faced horrific abuse, and NGOs and human rights organisations accused the EU of complicity in the violations taking place.

      Abdu is one who got stuck. A tall, lanky teenager, he spent nearly two years in smugglers’ warehouses and official Libyan detention centres. But he’s also one of the lucky ones. In February, he boarded a flight to Niger run (with EU support) by the UN’s refugee agency, UNHCR, to help some of those stranded in Libya reach Europe. Nearly 1,600 people have been evacuated on similiar flights, but, seven months on, only 174 have been resettled to Europe.

      The evacuation programme is part of a €500-million ($620-million) effort to resettle 50,000 refugees over the next two years to the EU, which has a population of more than 500 million people. The target is an increase from previous European resettlement goals, but still only represents a tiny fraction of the need – those chosen can be Syrians in Turkey, Jordan, and Lebanon as well as refugees in Libya, Egypt, Niger, Chad, Sudan, and Ethiopia – countries that combined host more than 6.5 million refugees.

      The EU is now teetering on the edge of a fresh political crisis, with boats carrying people rescued from the sea being denied ports of disembarkation, no consensus on how to share responsibility for asylum seekers and refugees within the continent, and increasing talk of further outsourcing the management of migration to African countries.

      Against this backdrop, the evacuation and resettlement programme from Libya is perhaps the best face of European policy in the Mediterranean. But, unless EU countries offer more spots for refugees, it is a pathway to safety for no more than a small handful who get the luck of the draw. As the first evacuees adjust to their new lives in Europe, the overwhelming majority are left behind.

      Four months after arriving in Niger, Abdu is still waiting to find out if and when he will be resettled to Europe. He’s still in the same state of limbo he was in at the end of March when IRIN met him in Niamey, the capital of Niger. At the time, he’d been out of the detention centre in Libya for less than a month and his arms were skeletally thin.

      “I thought to go to Europe [and] failed. Now, I came to Niger…. What am I doing here? What will happen from here? I don’t know,” he said, sitting in the shade of a canopy in the courtyard of a UNHCR facility. “I don’t know what I will be planning for the future because everything collapsed; everything finished.”
      Abdu’s story

      Born in Eritrea – one of the most repressive countries in the world – Abdu’s mother sent him to live in neighbouring Sudan when he was only seven. She wanted him to grow up away from the political persecution and shadow of indefinite military service that stifled normal life in his homeland.

      But Sudan, where he was raised by his uncle, wasn’t much better. As an Eritrean refugee, he faced discrimination and lived in a precarious legal limbo. Abdu saw no future there. “So I decided to go,” he said.

      Like so many other young Africans fleeing conflict, political repression, and economic hardship in recent years, he wanted to try to make it to Europe. But first he had to pass through Libya.

      After crossing the border from Sudan in July 2016, Abdu, then 16 years old, was taken captive and held for 18 months. The smugglers asked for a ransom of $5,500, tortured him while his relatives were forced to listen on the phone, and rented him out for work like a piece of equipment.

      Abdu tried to escape, but only found himself under the control of another smuggler who did the same thing. He was kept in overflowing warehouses, sequestered from the sunlight with around 250 other people. The food was not enough and often spoiled; disease was rampant; people died from malaria and hunger; one woman died after giving birth; the guards drank, carried guns, and smoked hashish, and, at the smallest provocation, spun into a sadistic fury. Abdu’s skin started crawling with scabies, his cheeks sank in, and his long limbs withered to skin and bones.

      One day, the smuggler told him that, if he didn’t find a way to pay, it looked like he would soon die. As a courtesy – or to try to squeeze some money out of him instead of having to deal with a corpse – the smuggler reduced the ransom to $1,500.

      Finally, Abdu’s relatives were able to purchase his freedom and passage to Europe. It was December 2017. As he finally stood on the seashore before dawn in the freezing cold, Abdu remembered thinking: “We are going to arrive in Europe [and] get protection [and] get rights.”

      But he never made it. After nearly 24 hours at sea, the rubber dinghy he was on with around 150 other people was intercepted by the Libyan Coast Guard, which, since October 2016, has been trained and equipped by the EU and Italy.

      Abdu was brought back to the country he had just escaped and put in another detention centre.

      This one was official – run by the Libyan Directorate for Combating Irregular Migration. But it wasn’t much different from the smuggler-controlled warehouses he’d been in before. Again, it was overcrowded and dirty. People were falling sick. There was no torture or extortion, but the guards could be just as brutal. If someone tried to talk to them about the poor conditions “[they are] going to beat you until you are streaming blood,” Abdu said.

      Still, he wasn’t about to try his luck on his own again in Libya. The detention centre wasn’t suitable for human inhabitants, Abdu recalled thinking, but it was safer than anywhere he’d been in over a year. That’s where UNHCR found him and secured his release.

      The lucky few

      The small village of Thal-Marmoutier in France seems like it belongs to a different world than the teeming detention centres of Libya.

      The road to the village runs between gently rolling hills covered in grapevines and winds through small towns of half-timbered houses. About 40 minutes north of Strasbourg, the largest city in the region of Alsace, bordering Germany, it reaches a valley of hamlets that disrupt the green countryside with their red, high-peaked roofs. It’s an unassuming setting, but it’s the type of place Abdu might end up if and when he is finally resettled.

      In mid-March, when IRIN visited, the town of 800 people was hosting the first group of refugees evacuated from Libya.

      It was unseasonably cold, and the 55 people housed in a repurposed section of a Franciscan convent were bundled in winter jackets, scarves, and hats. Thirty of them had arrived from Chad, where they had been long-time residents of refugee camps after fleeing Boko Haram violence or conflict in the Sudanese region of Darfur. The remaining 25 – from Eritrea, Ethiopia, and Sudan – were the first evacuees from Libya. Before reaching France, they, like Abdu, had been flown to Niamey.

      The extra stop is necessary because most countries require refugees to be interviewed in person before offering them a resettlement spot. The process is facilitated by embassies and consulates, but, because of security concerns, only one European country (Italy) has a diplomatic presence in Libya.

      To resettle refugees stuck in detention centres, UNHCR needed to find a third country willing to host people temporarily, one where European resettlement agencies could carry out their procedures. Niger was the first – and so far only – country to volunteer.

      “For us, it is an obligation to participate,” Mohamed Bazoum, Niger’s influential interior minister, said when interviewed by IRIN in Niamey. Niger, the gateway between West Africa and Libya on the migration trail to Europe, is the top recipient of funds from the EU Trust Fund for Africa, an initiative launched in 2015 to “address the root causes of irregular migration”.

      “It costs us nothing to help,” Bazoum added, referring to the evacuation programme. “But we gain a sense of humanity in doing so.”

      ‘Time is just running from my life’

      The first evacuees landed in Niamey on 12 November. A little over a month later, on 19 December, they were on their way to France.

      By March, they had been in Thal-Marmoutier for three months and were preparing to move from the reception centre in the convent to individual apartments in different cities.

      Among them, several families with children had been living in Libya for a long time. But most of the evacuees were young women who had been imprisoned by smugglers and militias, held in official detention centres, or often both.

      “In Libya, it was difficult for me,” said Farida, a 24-year-old aspiring runner from Ethiopia. She fled her home in 2016 because of the conflict between the government and the Oromo people, an ethnic group.

      After a brief stay in Cairo, she and her husband decided to go to Libya because they heard a rumour that UNHCR was providing more support there to refugees. Shortly after crossing the border, Farida and her husband were captured by a militia and placed in a detention centre.

      “People from the other government (Libya has two rival governments) came and killed the militiamen, and some of the people in the prison also died, but we got out and were taken to another prison,” she said. “When they put me in prison, I was pregnant, and they beat me and killed the child in my belly.”

      Teyba, a 20-year-old woman also from Ethiopia, shared a similar story: “A militia put us in prison and tortured us a lot,” she said. “We stayed in prison for a little bit more than a month, and then the fighting started…. Some people died, some people escaped, and some people, I don’t know what happened to them.”

      Three months at the reception centre in Thal-Marmoutier had done little to ease the trauma of those experiences. “I haven’t seen anything that made me laugh or that made me happy,” Farida said. “Up to now, life has not been good, even after coming to France.”

      The French government placed the refugees in the reception centre to expedite their asylum procedures, and so they could begin to learn French.

      Everyone in the group had already received 10-year residency permits – something refugees who are placed directly in individual apartments or houses usually wait at least six months to receive. But many of them said they felt like their lives had been put on pause in Thal-Marmoutier. They were isolated in the small village with little access to transportation and said they had not been well prepared to begin new lives on their own in just a few weeks time.

      “I haven’t benefited from anything yet. Time is just running from my life,” said Intissar, a 35-year-old woman from Sudan.

      A stop-start process

      Despite their frustrations with the integration process in France, and the still present psychological wounds from Libya, the people in Thal-Marmoutier were fortunate to reach Europe.

      By early March, more than 1,000 people had been airlifted from Libya to Niger. But since the first group in December, no one else had left for Europe. Frustrated with the pace of resettlement, the Nigerien government told UNHCR that the programme had to be put on hold.

      “We want the flow to be balanced,” Bazoum, the interior minister, explained. “If people arrive, then we want others to leave. We don’t want people to be here on a permanent basis.”

      Since then, an additional 148 people have been resettled to France, Switzerland, Sweden and the Netherlands, and other departures are in the works. “The situation is improving,” said Louise Donovan, a UNHCR communications officer in Niger. “We need to speed up our processes as much as possible, and so do the resettlement countries.”

      A further 312 people were evacuated directly to Italy. Still, the total number resettled by the programme remains small. “What is problematic right now is the fact that European governments are not offering enough places for resettlement, despite continued requests from UNHCR,” said Matteo de Bellis, a researcher with Amnesty International.
      Less than 1 percent

      Globally, less than one percent of refugees are resettled each year, and resettlement is on a downward spiral at the moment, dropping by more than 50 percent between 2016 and 2017. The number of refugees needing resettlement is expected to reach 1.4 million next year, 17 percent higher than in 2018, while global resettlement places dropped to just 75,000 in 2017, UNHCR said on Monday.

      The Trump administration’s slashing of the US refugee admissions programme – historically the world’s leader – means this trend will likely continue.

      Due to the limited capacity, resettlement is usually reserved for people who are considered to be the most vulnerable.

      In Libya alone, there are around 19,000 refugees from Eritrea, Ethiopia, Somalia, and Sudan registered with UNHCR – a number increasing each month – as well as 430,000 migrants and potential asylum seekers from throughout sub-Saharan Africa. Many have been subjected to torture, sexual violence, and other abuses. And, because they are in Libya irregularly, resettlement is often the only legal solution to indefinite detention.

      In the unlikely scenario that all the sub-Saharan refugees in Libya were to be resettled, they would account for more than one third of the EU’s quota for the next two years. And that’s not taking into account people in Libya who may have legitimate grounds to claim asylum but are not on the official radar. Other solutions are clearly needed, but given the lack of will in the international community, it is unclear what those might be.

      “The Niger mechanism is a patch, a useful one under the circumstance, but still a patch,” de Bellis, the Amnesty researcher, said. “There are refugees… who cannot get out of the detention centres because there are no resettlement places available to them.”

      It is also uncertain what will happen to any refugees evacuated to Niger that aren’t offered a resettlement spot by European countries.

      UNHCR says it is considering all options, including the possibility of integration in Niger or return to their countries of origin – if they are deemed to be safe and people agree to go. But resettlement is the main focus. In April, the pace of people departing for Europe picked up, and evacuations from Libya resumed at the beginning of May – ironically, the same week the Nigerien government broke new and dangerous ground by deporting 132 Sudanese asylum seekers who had crossed the border on their own back to Libya.

      For the evacuees in Niger awaiting resettlement, there are still many unanswered questions.

      As Abdu was biding his time back in March, something other than the uncertainty about his own future weighed on him: the people still stuck in the detention centres in Libya.

      He had started his travels with his best friend. They had been together when they were first kidnapped and held for ransom. But Abdu’s friend was shot in the leg by a guard who accused him of stealing a cigarette. When Abdu tried to escape, he left his friend behind and hasn’t spoken to him or heard anything about him since.

      “UNHCR is saying they are going to find a solution for me; they are going to help me,” Abdu said. “It’s okay. But what about the others?”

      https://www.irinnews.org/special-report/2018/06/26/destination-europe-evacuation

    • Hot Spots #1 : Niger, les évacués de l’enfer libyen

      Fuir l’enfer libyen, sortir des griffes des trafiquants qui séquestrent pendant des mois leurs victimes dans des conditions inhumaines. C’est de l’autre côté du désert, au Niger, que certains migrants trouvent un premier refuge grâce à un programme d’#évacuation d’urgence géré par les Nations Unies depuis novembre 2017.

      https://guitinews.fr/video/2019/03/12/hot-spots-1-niger-les-evacues-de-lenfer-libyen

      Lien vers la #vidéo :

      « Les gens qu’on évacue de la Libye, ce sont des individus qui ont subi une profonde souffrance. Ce sont tous des victimes de torture, des victimes de violences aussi sexuelles, il y a des femmes qui accouchent d’enfants fruits de cette violences sexuelles. » Alexandra Morelli, Représentante du HCR au Niger.

      https://vimeo.com/323299304

      ping @isskein @karine4

  • Two Muslim Women Are Headed to Congress. Will They Be Heard? – Foreign Policy
    https://foreignpolicy.com/2018/11/12/two-muslim-women-are-headed-to-congress-will-they-be-heard-midterms-r

    In January 2019, Ilhan Omar, the congresswoman-elect from Minnesota’s 5th District—who wears a headscarf—will become the first veiled woman to serve in Congress. Much has changed in the past 17 years. The myth of saving Afghan women by bombing their country into oblivion has shown itself to be a devastating proposition. The Taliban are still around, and there is talk of making peace with them as the United States wearies of trying and failing to produce some sort of victory. Maloney is also around, winning her 14th term in last week’s midterm elections, even as Omar won her first. Nor will Omar be the lone Muslim: Joining her will be Rashida Tlaib, a longtime activist of Palestinian descent, who was elected in Michigan’s 13th District.

  • In Sri Lanka, old land issues and a new prime minister highlight post-war traumas

    Sri Lanka’s civil war ended nearly a decade ago, but Maithili Thamil Chilwen’s barren plot of land still resembles a battlefield.

    There is only a mound of dirt where her home once stood in Keppapilavu village in the country’s northeast; the rest is just dirt, gravel, and broken shards of doors and windows from her demolished home.

    Sri Lanka’s military occupied thousands of hectares of land during and after the country’s bitter 26-year civil war, which came to a brutal end in 2009 when the military crushed remaining Tamil fighters here in the north. Almost a decade later, rights groups say reconciliation between the country’s majority Sinhalese community and its Tamil minority is at a standstill, and occupied land is one glaring example.

    Thamil Chilwen, an ethnic Tamil, said the military seized her property at the end of the war. It took almost nine years, until earlier this year, for the military to give it back. But by then, her home and fields were destroyed.

    “We were happy when the military told us we could go back to our land. But when I saw the state of the land, I had to cry,” she said.

    The military has been slow to return land to civilians, or to even acknowledge just how much territory it still occupies. It’s symptomatic of wider post-conflict fissures across the country: rights groups say Sri Lanka’s government hasn’t taken significant steps to address rampant war-era abuses – including enforced disappearances and thousands of civilian deaths in the conflict’s final months.

    Hopes for national reconciliation took another blow last week when the country’s president, Maithripala Sirisena, abruptly appointed the controversial former leader who oversaw the 2009 military offensive, Mahinda Rajapaksa, as prime minister. The surprise move has locked Sri Lanka in a political crisis: the ousted prime minister, Ranil Wickremesinghe, has vowed to stay in office; government ministers who support him have denounced his dismissal as “an anti-democratic coup”.

    Human Rights Watch said any return to office for Rajapaksa raises “chilling concerns” for rights in the country. Rajapaksa is accused of widespread rights abuses, particularly in his role overseeing the military offensive that crushed the Tamil insurgency.

    “The current government’s failure to bring justice to victims of war crimes under the Rajapaksa government reopens the door for past abusers to return to their terrible practices,” said the group’s Asia director, Brad Adams.

    For most Tamils, a return to their ancestral land is one key part of finding justice, says Ruki Fernando, a Colombo-based rights activist who has documented war-time disappearances.

    More than 40,000 people remain displaced since the end of the war, mostly concentrated in the Tamil heartlands of northern and northeastern Sri Lanka.

    “It’s about culture and religious life. It’s where they buried their ancestors,” Fernando said. “It’s their identity.”

    Alan Keenan, a Sri Lanka analyst with the International Crisis Group, says land is among a range of issues that have largely gone unresolved over the last decade.

    “Most Tamils don’t feel that they have gotten as much they were promised in terms of dealing with the legacy of war, having their land returned, discovering the fate of their tens of thousands of missing relatives, having crimes committed by the military addressed judicially,” Keenan said. “For a whole range of things, they think they didn’t get what they were promised.”
    Reparations

    Estimates for the amount of land occupied by the military vary wildly. The military last year said it had returned roughly 20,000 hectares of private and state land in the north. In a report released this month, Human Rights Watch said the government claimed the military was occupying about 48,000 hectares of private and state land in the north and east.

    Rights groups say the military has converted some of the occupied land into for-profit businesses. They have set up plantation farms, restaurants, and even resorts catering to tourists, in addition to large military bases.

    An army spokesman did not respond to IRIN’s requests for comment. But in an interview with the Indian newspaper The Hindu this year, Mahesh Senanayake, the Sri Lankan army chief, said 80 percent of occupied land has been returned. He claimed the military had been the only organisation capable of running key services in the north after decades of war.

    “The government machinery was not functioning for decades,” he said. “There was a big gap and our services are needed to address it.”

    Early this month, President Sirisena ordered the release of all civilian land by the end of the year. However, rights groups say such promises have gone unfulfilled for years.

    Sirisena was elected in 2015 on the back of a reformist agenda to boost reconciliation between the divided Sinhalese and Tamil communities. When he came to office, Sirisena broke from his predecessor and promised to set up a national truth commission, an office to investigate missing persons, and provide reparations for war-era abuses.

    The government has held public consultations to solicit feedback on reconciliation, and legislated the creation of an office for reparations. But rights groups say progress has been achingly slow, even before last week’s political crisis. The UN’s special rapporteur on human rights and counter-terrorism last year said government actions on transitional justice have “ground to a virtual halt”.

    Analysts say Sirisena has been reluctant to push a reform agenda too forcefully in the face of resurgent Sinhalese nationalism. Rajapaksa, the former president, is popular among Sinhalese nationalists; the political party he leads nearly swept local elections held in February, seen as a bellwether for the current political mood in the country.

    “The government is afraid the Sinhala constituency will be unhappy that they are giving back the land, that they are shrinking the footprint of the military,” Keenan said.

    In a country that has held an uneasy peace since the civil war’s remarkably violent end in 2009, there are signs of discontent. A Tamil nationalist party, the Tamil National People’s Front, also made significant gains during the February elections here in Sri Lanka’s north, where it took control of the two largest councils in populous Jaffna district.

    In Keppapilavu village, an army tank sits outside an imposing military base surrounded by tall cement walls. A few metres away, a group of men and women have held a protest for the last year, under tents made of tin and tarpaulin.

    Arumuham Weluthapillayi, a Hindu priest, started the protest last year with other displaced families. He says half of his land is still occupied by the army – in addition to homes, places of worship, schools, a cemetery, and numerous shops around the village.

    This area was once a stronghold of the rebel Liberation Tigers of Tamil Eelam, commonly known as the Tamil Tigers. But nine years after the insurgency was routed, Weluthapillayi says he can’t understand why the army hasn’t left.

    “The war is over,” he said. “There are no security issues. Why are they still here?”

    https://www.irinnews.org/news/2018/10/30/sri-lanka-old-land-issues-and-new-appointment-threaten-reconciliation
    #Sri_Lanka #COI #terres #tamouls #déplacés_internes #IDPs #dédommagement #indemnisations #Keppapilavu

  • Dernier rapport de « Inspector General for #Afghanistan Reconstruction » (SIGAR) : les #talibans, les trafiquants de drogue et les contractuels privés des #Etats-Unis ne se sont jamais aussi bien portés

    The Taliban is stronger now than at any time since Afghanistan war
    https://www.alaraby.co.uk/english/news/2018/11/1/afghan-forces-losing-kabul-control-to-taliban-us-watchdog

    “From the period of May 1 to the most current data as of October 1, 2018, the average number of casualties the (Afghan forces) suffered is the greatest it has ever been during like periods,” it said. 

    The report also noted that “the Taliban now controls more territory than at any time since 2001”.

    Afghanistan : le contrôle des autorités au plus bas depuis 2015, selon un rapport - L’Orient-Le Jour
    https://www.lorientlejour.com/article/1141602/afghanistan-le-controle-des-autorites-au-plus-bas-depuis-2015-selon-u

    Military contractor received $1.6 billion to advise Afghans but results unknown | Ottawa Citizen
    https://ottawacitizen.com/news/national/defence-watch/military-contractor-received-1-6-billion-to-advise-afghans-but-result

    The Afghan mission continues to be a money pit for the U.S. government and a cash cow for private military contractors. On Wednesday, the U.S. government’s Afghan mission watchdog produced a report on the Pentagon program to advise the Afghan Ministry of Defence (MOD) and the Afghan Ministry of the Interior (MOI).

    Afghanistan : un rapport déplore le cuisant échec de Washington dans la lutte contre l’opium — RT en français
    https://francais.rt.com/international/55077-afghanistan-rapport-denonce-retentissant-echec-washington-dans-lu

    Washington a dépensé 8,8 milliards de dollars depuis 2002 contre le trafic de drogue, selon un organisme public américain. Résultat ? La production d’opium a connu un essor rapide, permettant aux talibans de tenir tête à Kaboul.

  • 56,800 migrant dead and missing : ’They are human beings’

    One by one, five to a grave, the coffins are buried in the red earth of this ill-kept corner of a South African cemetery. The scrawl on the cheap wood attests to their anonymity: “Unknown B/Male.”

    These men were migrants from elsewhere in Africa with next to nothing who sought a living in the thriving underground economy of Gauteng province, a name that roughly translates to “land of gold.” Instead of fortune, many found death, their bodies unnamed and unclaimed — more than 4,300 in Gauteng between 2014 and 2017 alone.

    Some of those lives ended here at the Olifantsvlei cemetery, in silence, among tufts of grass growing over tiny placards that read: Pauper Block. There are coffins so tiny that they could belong only to children.

    As migration worldwide soars to record highs, far less visible has been its toll: The tens of thousands of people who die or simply disappear during their journeys, never to be seen again. In most cases, nobody is keeping track: Barely counted in life, these people don’t register in death , as if they never lived at all.

    An Associated Press tally has documented at least 56,800 migrants dead or missing worldwide since 2014 — almost double the number found in the world’s only official attempt to try to count them, by the U.N.’s International Organization for Migration. The IOM toll as of Oct. 1 was more than 28,500. The AP came up with almost 28,300 additional dead or missing migrants by compiling information from other international groups, requesting forensic records, missing persons reports and death records, and sifting through data from thousands of interviews with migrants.

    The toll is the result of migration that is up 49 percent since the turn of the century, with more than 258 million international migrants in 2017, according to the United Nations. A growing number have drowned, died in deserts or fallen prey to traffickers, leaving their families to wonder what on earth happened to them. At the same time, anonymous bodies are filling cemeteries around the world, like the one in Gauteng.

    The AP’s tally is still low. More bodies of migrants lie undiscovered in desert sands or at the bottom of the sea. And families don’t always report loved ones as missing because they migrated illegally, or because they left home without saying exactly where they were headed.

    The official U.N. toll focuses mostly on Europe, but even there cases fall through the cracks. The political tide is turning against migrants in Europe just as in the United States, where the government is cracking down heavily on caravans of Central Americans trying to get in . One result is that money is drying up for projects to track migration and its costs.

    For example, when more than 800 people died in an April 2015 shipwreck off the coast of Italy, Europe’s deadliest migrant sea disaster, Italian investigators pledged to identify them and find their families. More than three years later, under a new populist government, funding for this work is being cut off.

    Beyond Europe, information is even more scarce. Little is known about the toll in South America, where the Venezuelan migration is among the world’s biggest today, and in Asia, the top region for numbers of migrants.

    The result is that governments vastly underestimate the toll of migration, a major political and social issue in most of the world today.

    “No matter where you stand on the whole migration management debate....these are still human beings on the move,” said Bram Frouws, the head of the Mixed Migration Centre , based in Geneva, which has done surveys of more than 20,000 migrants in its 4Mi project since 2014. “Whether it’s refugees or people moving for jobs, they are human beings.”

    They leave behind families caught between hope and mourning, like that of Safi al-Bahri. Her son, Majdi Barhoumi, left their hometown of Ras Jebel, Tunisia, on May 7, 2011, headed for Europe in a small boat with a dozen other migrants. The boat sank and Barhoumi hasn’t been heard from since. In a sign of faith that he is still alive, his parents built an animal pen with a brood of hens, a few cows and a dog to stand watch until he returns.

    “I just wait for him. I always imagine him behind me, at home, in the market, everywhere,” said al-Bahari. “When I hear a voice at night, I think he’s come back. When I hear the sound of a motorcycle, I think my son is back.”

    ———————————————————————

    EUROPE: BOATS THAT NEVER ARRIVE

    Of the world’s migration crises, Europe’s has been the most cruelly visible. Images of the lifeless body of a Kurdish toddler on a beach, frozen tent camps in Eastern Europe, and a nearly numbing succession of deadly shipwrecks have been transmitted around the world, adding to the furor over migration.

    In the Mediterranean, scores of tankers, cargo boats, cruise ships and military vessels tower over tiny, crowded rafts powered by an outboard motor for a one-way trip. Even larger boats carrying hundreds of migrants may go down when soft breezes turn into battering winds and thrashing waves further from shore.

    Two shipwrecks and the deaths of at least 368 people off the coast of Italy in October 2013 prompted the IOM’s research into migrant deaths. The organization has focused on deaths in the Mediterranean, although its researchers plead for more data from elsewhere in the world. This year alone, the IOM has found more than 1,700 deaths in the waters that divide Africa and Europe.

    Like the lost Tunisians of Ras Jebel, most of them set off to look for work. Barhoumi, his friends, cousins and other would-be migrants camped in the seaside brush the night before their departure, listening to the crash of the waves that ultimately would sink their raft.

    Khalid Arfaoui had planned to be among them. When the group knocked at his door, it wasn’t fear that held him back, but a lack of cash. Everyone needed to chip in to pay for the boat, gas and supplies, and he was short about $100. So he sat inside and watched as they left for the beachside campsite where even today locals spend the night before embarking to Europe.

    Propelled by a feeble outboard motor and overburdened with its passengers, the rubber raft flipped, possibly after grazing rocks below the surface on an uninhabited island just offshore. Two bodies were retrieved. The lone survivor was found clinging to debris eight hours later.

    The Tunisian government has never tallied its missing, and the group never made it close enough to Europe to catch the attention of authorities there. So these migrants never have been counted among the dead and missing.

    “If I had gone with them, I’d be lost like the others,” Arfaoui said recently, standing on the rocky shoreline with a group of friends, all of whom vaguely planned to leave for Europe. “If I get the chance, I’ll do it. Even if I fear the sea and I know I might die, I’ll do it.”

    With him that day was 30-year-old Mounir Aguida, who had already made the trip once, drifting for 19 hours after the boat engine cut out. In late August this year, he crammed into another raft with seven friends, feeling the waves slam the flimsy bow. At the last minute he and another young man jumped out.

    “It didn’t feel right,” Aguida said.

    There has been no word from the other six — yet another group of Ras Jebel’s youth lost to the sea. With no shipwreck reported, no survivors to rescue and no bodies to identify, the six young men are not counted in any toll.

    In addition to watching its own youth flee, Tunisia and to a lesser degree neighboring Algeria are transit points for other Africans north bound for Europe. Tunisia has its own cemetery for unidentified migrants, as do Greece, Italy and Turkey. The one at Tunisia’s southern coast is tended by an unemployed sailor named Chamseddin Marzouk.

    Of around 400 bodies interred in the coastal graveyard since it opened in 2005, only one has ever been identified. As for the others who lie beneath piles of dirt, Marzouk couldn’t imagine how their families would ever learn their fate.

    “Their families may think that the person is still alive, or that he’ll return one day to visit,” Marzouk said. “They don’t know that those they await are buried here, in Zarzis, Tunisia.”

    ——————

    AFRICA: VANISHING WITHOUT A TRACE

    Despite talk of the ’waves’ of African migrants trying to cross the Mediterranean, as many migrate within Africa — 16 million — as leave for Europe. In all, since 2014, at least 18,400 African migrants have died traveling within Africa, according to the figures compiled from AP and IOM records. That includes more than 4,300 unidentified bodies in a single South African province, and 8,700 whose traveling companions reported their disappearance en route out of the Horn of Africa in interviews with 4Mi.

    When people vanish while migrating in Africa, it is often without a trace. The IOM says the Sahara Desert may well have killed more migrants than the Mediterranean. But no one will ever know for sure in a region where borders are little more than lines drawn on maps and no government is searching an expanse as large as the continental United States. The harsh sun and swirling desert sands quickly decompose and bury bodies of migrants, so that even when they turn up, they are usually impossible to identify .

    With a prosperous economy and stable government, South Africa draws more migrants than any other country in Africa. The government is a meticulous collector of fingerprints — nearly every legal resident and citizen has a file somewhere — so bodies without any records are assumed to have been living and working in the country illegally. The corpses are fingerprinted when possible, but there is no regular DNA collection.

    South Africa also has one of the world’s highest rates of violent crime and police are more focused on solving domestic cases than identifying migrants.

    “There’s logic to that, as sad as it is....You want to find the killer if you’re a policeman, because the killer could kill more people,” said Jeanine Vellema, the chief specialist of the province’s eight mortuaries. Migrant identification, meanwhile, is largely an issue for foreign families — and poor ones at that.

    Vellema has tried to patch into the police missing persons system, to build a system of electronic mortuary records and to establish a protocol where a DNA sample is taken from every set of remains that arrive at the morgue. She sighs: “Resources.” It’s a word that comes up 10 times in a half-hour conversation.

    So the bodies end up at Olifantsvlei or a cemetery like it, in unnamed graves. On a recent visit by AP, a series of open rectangles awaited the bodies of the unidentified and unclaimed. They did not wait long: a pickup truck drove up, piled with about 10 coffins, five per grave. There were at least 180 grave markers for the anonymous dead, with multiple bodies in each grave.

    The International Committee of the Red Cross, which is working with Vellema, has started a pilot project with one Gauteng morgue to take detailed photos, fingerprints, dental information and DNA samples of unidentified bodies. That information goes to a database where, in theory, the bodies can be traced.

    “Every person has a right to their dignity. And to their identity,” said Stephen Fonseca, the ICRC regional forensic manager.

    ————————————

    THE UNITED STATES: “THAT’S HOW MY BROTHER USED TO SLEEP”

    More than 6,000 miles (9,000 kilometers) away, in the deserts that straddle the U.S.-Mexico border, lie the bodies of migrants who perished trying to cross land as unforgiving as the waters of the Mediterranean. Many fled the violence and poverty of Guatemala, Honduras, El Salvador or Mexico. Some are found months or years later as mere skeletons. Others make a last, desperate phone call and are never heard from again.

    In 2010 the Argentine Forensic Anthropology Team and the local morgue in Pima County, Ariz., began to organize efforts to put names to the anonymous bodies found on both sides of the border. The “Border Project” has since identified more than 183 people — a fraction of the total.

    At least 3,861 migrants are dead and missing on the route from Mexico to the United States since 2014, according to the combined AP and IOM total. The tally includes missing person reports from the Colibri Center for Human Rights on the U.S. side as well as the Argentine group’s data from the Mexican side. The painstaking work of identification can take years, hampered by a lack of resources, official records and coordination between countries — and even between states.

    For many families of the missing, it is their only hope, but for the families of Juan Lorenzo Luna and Armando Reyes, that hope is fading.

    Luna, 27, and Reyes, 22, were brothers-in-law who left their small northern Mexico town of Gomez Palacio in August 2016. They had tried to cross to the U.S. four months earlier, but surrendered to border patrol agents in exhaustion and were deported.

    They knew they were risking their lives — Reyes’ father died migrating in 1995, and an uncle went missing in 2004. But Luna, a quiet family man, wanted to make enough money to buy a pickup truck and then return to his wife and two children. Reyes wanted a job where he wouldn’t get his shoes dirty and could give his newborn daughter a better life.

    Of the five who left Gomez Palacio together, two men made it to safety, and one man turned back. The only information he gave was that the brothers-in-law had stopped walking and planned to turn themselves in again. That is the last that is known of them.

    Officials told their families that they had scoured prisons and detention centers, but there was no sign of the missing men. Cesaria Orona even consulted a fortune teller about her missing son, Armando, and was told he had died in the desert.

    One weekend in June 2017, volunteers found eight bodies next to a military area of the Arizona desert and posted the images online in the hopes of finding family. Maria Elena Luna came across a Facebook photo of a decaying body found in an arid landscape dotted with cactus and shrubs, lying face-up with one leg bent outward. There was something horribly familiar about the pose.

    “That’s how my brother used to sleep,” she whispered.

    Along with the bodies, the volunteers found a credential of a boy from Guatemala, a photo and a piece of paper with a number written on it. The photo was of Juan Lorenzo Luna, and the number on the paper was for cousins of the family. But investigators warned that a wallet or credential could have been stolen, as migrants are frequently robbed.

    “We all cried,” Luna recalled. “But I said, we cannot be sure until we have the DNA test. Let’s wait.”

    Luna and Orona gave DNA samples to the Mexican government and the Argentine group. In November 2017, Orona received a letter from the Mexican government saying that there was the possibility of a match for Armando with some bone remains found in Nuevo Leon, a state that borders Texas. But the test was negative.

    The women are still waiting for results from the Argentine pathologists. Until then, their relatives remain among the uncounted.

    Orona holds out hope that the men may be locked up, or held by “bad people.” Every time Luna hears about clandestine graves or unidentified bodies in the news, the anguish is sharp.

    “Suddenly all the memories come back,” she said. “I do not want to think.”

    ————————

    SOUTH AMERICA: “NO ONE WANTS TO ADMIT THIS IS A REALITY”

    The toll of the dead and the missing has been all but ignored in one of the largest population movements in the world today — that of nearly 2 million Venezuelans fleeing from their country’s collapse. These migrants have hopped buses across the borders, boarded flimsy boats in the Caribbean, and — when all else failed — walked for days along scorching highways and freezing mountain trails. Vulnerable to violence from drug cartels, hunger and illness that lingers even after reaching their destination, they have disappeared or died by the hundreds.

    “They can’t withstand a trip that hard, because the journey is very long,” said Carlos Valdes, director of neighboring Colombia’s national forensic institute. “And many times, they only eat once a day. They don’t eat. And they die.” Valdes said authorities don’t always recover the bodies of those who die, as some migrants who have entered the country illegally are afraid to seek help.

    Valdes believes hypothermia has killed some as they trek through the mountain tundra region, but he had no idea how many. One migrant told the AP he saw a family burying someone wrapped in a white blanket with red flowers along the frigid journey.

    Marta Duque, 55, has had a front seat to the Venezuela migration crisis from her home in Pamplona, Colombia. She opens her doors nightly to provide shelter for families with young children. Pamplona is one of the last cities migrants reach before venturing up a frigid mountain paramo, one of the most dangerous parts of the trip for migrants traveling by foot. Temperatures dip well below freezing.

    She said inaction from authorities has forced citizens like her to step in.

    “Everyone just seems to pass the ball,” she said. “No one wants to admit this is a reality.”

    Those deaths are uncounted, as are dozens in the sea. Also uncounted are those reported missing in Colombia, Peru and Ecuador. In all at least 3,410 Venezuelans have been reported missing or dead in a migration within Latin America whose dangers have gone relatively unnoticed; many of the dead perished from illnesses on the rise in Venezuela that easily would have found treatment in better times.

    Among the missing is Randy Javier Gutierrez, who was walking through Colombia with a cousin and his aunt in hopes of reaching Peru to reunite with his mother.

    Gutierrez’s mother, Mariela Gamboa, said that a driver offered a ride to the two women, but refused to take her son. The women agreed to wait for him at the bus station in Cali, about 160 miles (257 kilometers) ahead, but he never arrived. Messages sent to his phone since that day four months ago have gone unread.

    “I’m very worried,” his mother said. “I don’t even know what to do.”

    ———————————

    ASIA: A VAST UNKNOWN

    The region with the largest overall migration, Asia, also has the least information on the fate of those who disappear after leaving their homelands. Governments are unwilling or unable to account for citizens who leave for elsewhere in the region or in the Mideast, two of the most common destinations, although there’s a growing push to do so.

    Asians make up 40 percent of the world’s migrants, and more than half of them never leave the region. The Associated Press was able to document more than 8,200 migrants who disappeared or died after leaving home in Asia and the Mideast, including thousands in the Philippines and Indonesia.

    Thirteen of the top 20 migration pathways from Asia take place within the region. These include Indian workers heading to the United Arab Emirates, Bangladeshis heading to India, Rohingya Muslims escaping persecution in Myanmar, and Afghans crossing the nearest border to escape war. But with large-scale smuggling and trafficking of labor, and violent displacements, the low numbers of dead and missing indicate not safe travel but rather a vast unknown.

    Almass was just 14 when his widowed mother reluctantly sent him and his 11-year-old brother from their home in Khost, Afghanistan, into that unknown. The payment for their trip was supposed to get them away from the Taliban and all the way to Germany via a chain of smugglers. The pair crammed first into a pickup with around 40 people, walked for a few days at the border, crammed into a car, waited a bit in Tehran, and walked a few more days.

    His brother Murtaza was exhausted by the time they reached the Iran-Turkey border. But the smuggler said it wasn’t the time to rest — there were at least two border posts nearby and the risk that children far younger travelling with them would make noise.

    Almass was carrying a baby in his arms and holding his brother’s hand when they heard the shout of Iranian guards. Bullets whistled past as he tumbled head over heels into a ravine and lost consciousness.

    Alone all that day and the next, Almass stumbled upon three other boys in the ravine who had also become separated from the group, then another four. No one had seen his brother. And although the younger boy had his ID, it had been up to Almass to memorize the crucial contact information for the smuggler.

    When Almass eventually called home, from Turkey, he couldn’t bear to tell his mother what had happened. He said Murtaza couldn’t come to the phone but sent his love.

    That was in early 2014. Almass, who is now 18, hasn’t spoken to his family since.

    Almass said he searched for his brother among the 2,773 children reported to the Red Cross as missing en route to Europe. He also looked for himself among the 2,097 adults reported missing by children. They weren’t on the list.

    With one of the world’s longest-running exoduses, Afghans face particular dangers in bordering countries that are neither safe nor welcoming. Over a period of 10 months from June 2017 to April 2018, 4Mi carried out a total of 962 interviews with Afghan migrants and refugees in their native languages around the world, systematically asking a series of questions about the specific dangers they had faced and what they had witnessed.

    A total of 247 migrant deaths were witnessed by the interviewed migrants, who reported seeing people killed in violence from security forces or starving to death. The effort is the first time any organization has successfully captured the perils facing Afghans in transit to destinations in Asia and Europe.

    Almass made it from Asia to Europe and speaks halting French now to the woman who has given him a home in a drafty 400-year-old farmhouse in France’s Limousin region. But his family is lost to him. Their phone number in Afghanistan no longer works, their village is overrun with Taliban, and he has no idea how to find them — or the child whose hand slipped from his grasp four years ago.

    “I don’t know now where they are,” he said, his face anguished, as he sat on a sun-dappled bench. “They also don’t know where I am.”

    https://abcnews.go.com/International/wireStory/global-lost-56800-migrants-dead-missing-years-58890913
    #décès #morts #migrations #réfugiés #asile #statistiques #chiffres #monde #Europe #Asie #Amérique_latine #Afrique #USA #Etats-Unis #2014 #2015 #2016 #2017 #2018
    ping @reka @simplicissimus

  • No man’s land at Paris airport: Where France keeps foreigners who’ve been refused entry

    Every day, foreigners suspected of trying to enter France illegally are taken to a special area of Paris’s Charles de Gaulle airport where they are held at a facility dubbed #ZAPI. Located just a stone’s throw away from the airport’s runways, the ultra-secure area is closed to the general public. NGOs say ZAPI is just another name for a prison, where foreigner’s rights are flouted and where expulsions are fast-tracked. InfoMigrants was granted exclusive access to it.

    Audrey is pulling funny faces at the little girl she’s holding in her arms. “She’s not mine,” she says, and points to the girl’s mother who is sitting on another bench just a few metres away. “I’m just playing with her to pass the time,” she says. Twenty-eight-year-old Audrey from Gabon currently lives inside the four walls of the Charles de Gaulle airport’s “waiting zone”, or ZAPI, where people who have been refused entry onto French territory are being held while authorities decide what to do with them.

    Audrey’s laugh is barely audible. Neither is that of the little girl. The loud noise of the aircraft that just touched down some 50 metres away from them have drowned out all the surrounding sounds. “The noise, it’s hard… It prevents us from sleeping, we hear the planes all the time…,” the young woman complains without even looking at the giant aircraft whose wings are now gracing the fence of ZAPI.

    This tiny piece of no man’s land lies just next to one of the airport’s runways. “ZAPI is a bit like a protrusion of the international zone,” Alexis Marty explains, who heads up the immigration department at the French border police (PAF). In legal terms, the zone is not deemed to be a part of French territory. “It’s a zone where people end up when they’ve been refused entry into France and the Schengen area” by not having a visa, or because there are suspicions that their travel documents have been forged… Audrey, who’s been there for nearly a week, recalls how she was intercepted just as she was getting off the plane. She says she was placed at ZAPI because she didn’t have a “hotel” and “not enough money”.

    To visit France for a period lasting up to three months, foreigners need to fulfill certain conditions before being allowed to touch French ground: They need to have a valid passport, a visa (depending on the nationality), a medical insurance covering their stay, proof of lodging (hotel reservation or with family members), enough funds to cover their stay as well as a return ticket.

    Ill-prepared tourists or illegal immigrants?

    Foreigners who are stopped by customs officers because they don’t fulfill the conditions linked to their stay generally end up at ZAPI. “We don’t send everyone there,” Marty explains, however, pointing to certain nuances. “There are confused tourists who’ve just prepared their vacations really poorly, and who’ve forgotten essential documents. But there are also those who have different intentions, and who produce forged documents to try to enter European territory illegally.”

    It’s difficult to tell an ill-prepared tourist and a potential illegal immigrant apart. This is why the verification is done in several steps. “We don’t send people to ZAPI right away, we first carry out an initial check. When a suspicious person steps out of the plane, we bring them into a separate room to verify their documents, to ask them questions, listen to their replies and to verify any additional information they give us. If all goes well, we release them after a few hours,” he explains. “But if the incoherencies and the doubts persist, if the person produces fake documents or no documents at all, if a ‘migration risk’ exists for the person, we place them in ZAPI.”

    On this particular October day, the airport’s “waiting zone” houses a total of 96 people, of which one is an unaccompanied minor. The number of people changes on a daily basis. “Generally, a person spends four and a half days at ZAPI, so the rotation is pretty fast,” police commander Serge Berquier, who is the head of ZAPI, says. The maximum time a person can stay there is 20 days. Men, women and children – even minors traveling on their own – may be sent there. There is no age limit.

    After a three-week stay, a so-called “ZAPIst” is left with three options: Either they are finally granted entry into France (with a safe conduct), they are sent back to the country they traveled from, or a legal case is opened against them (for refusing to board, for forging documents, etc.). In 2016, some 7,000 people were held at the airport at some point, of which 53 percent were immediately refused entry into France.

    While “ZAPIsts” wait for their fates to be decided, they do what they can to kill time. They stroll in the outdoor space, they stay in their rooms, or they hang out in the TV room. The PAF makes a point of clarifying that the “ZAPIsts” are not “detainees” but rather “retainees”. This means that they have rights; family members can visit, they have access to catering services and can get legal and humanitarian assistance from the Red Cross which has a permanent presence at the facility.

    “It’s not a prison,” Marty says. “Here, you can keep your personal belongings, your mobile phone, you can go in and out of the rooms as much as you like. The only restriction is that you’re not allowed to exit the premises.”

    It may not be a prison, but it’s definitely a place of deprivation. Not all mobile phones are allowed, and those equipped with a camera are confiscated automatically.

    It’s 11.45am, but no one seems to be around on the ground floor. The TV is on in the communal room, but there’s no one there to watch it. No one is using the public payphones which are available to the “ZAPIsts” 24/7. On the first floor, where the rooms are located, the hallways are more or less empty. “They’re most likely downstairs, in the canteen, lunch will be served soon,” a police officer says. “Otherwise they might be outside, in the garden, talking or smoking.”

    The police presence is fairly discrete on the floor with the rooms, but every now and then the police officers can be heard calling someone through the loud-speakers that have been installed in the building. “We use it to call people who have a visit or a meeting. It helps us avoid having to run through the hallways to find them,” Berquier, the head of ZAPI, explains while showing us around the premises. “There are 67 rooms. Some are reserved for families, and others for people with reduced mobility […] There’s also an area reserved for unaccompanied minors and an area with games for them and for families.”

    La ZAPI compte au total une soixantaine de chambres Crdit InfoMigrants

    ‘Things can be improved’

    The atmosphere at ZAPI is calm, almost peaceful. Until Youssef, an Algerian who’s been held there for four days, turns up. He seems to be on his guard, and appears quite tense. “I’m still waiting for my suitcase, I don’t have any clothes to change with,” he complains and lights a cigarette. “The Red Cross is helping me out.” It can take several days for a person who’ve been placed in ZAPI to have their personal belongings returned to them. Checked-in luggage first has to be located and then controlled… During this period, the Red Cross does what it can in terms of clothing, offering T-shirts and underwear.

    Marty finds the situation with the luggage deplorable. “It’s evident that not everything is perfect, there are things that can be improved,” he admits. “To have a suitcase speedily returned to someone at ZAPI is among the things where progress can be made.”

    Returning home

    Audrey from Gabon and Youssef from Algeria, who have both found themselves blocked in this no-man’s land, have more or less the same story to tell. Both of them claim they came to France to visit family, insisting they did not intend to enter the country illegally. “But now, my situation isn’t very good,” the young woman says. Did she really come for the “tourist visit” she claims? Or did she try her chance at entering France by sneaking through the controls (customs)? It’s hard to know. The police have the same doubts when it comes to Youssef. “I came here to visit family, but I had a problem with my return ticket which didn’t match my visa,” he explains. Youssef says he wants to try to regularize his documents – “to buy a return ticket that conforms to the conditions” – in order to leave ZAPI and thereafter enter France. Audrey, on the other hand, says she has “given up”. She wants to go home now.

    The PAF sometimes comes across “people who ask to go home because they understand that their entry into France is compromised,” Marty explains. The costs of such returns are normally taken out of the pocket of the airline that flew the foreigner in question to France in the first place, and is undoubtedly a way for authorities to sanction the airlines and force them to be more vigilant when it comes to checking their passengers’ travel documents.

    The risk of failing an attempt to enter a country illegally is often higher for those who try to do so via air travel. “It’s an expensive trip, you have to pay for the ticket as well as the forged passport you need to fool the authorities, and this is before having to take the rigorous controls at the airports into account,” Marty says.

    The nationalities of migrants arriving by plane are often different from those who try to reach Europe by sea or by land. “The people at ZAPI are mainly from South America, Honduras, Brazil, and Nicaragua. Also from China and Russia. Some also come from North Africa and Sub-Saharan Africa, but they are fewer in numbers.” On this particular day, the people in ZAPI’s courtyard are from Gabon, Chad, Sri Lanka, Turkey, Morocco, Tunisia, Algeria, and South America.

    ’The aim is to deport’

    ZAPI also houses people seeking asylum. “There are people who demand protection in France as soon as they step off the plane,” Marty explains. “They tell border police […] Everything has been organized so that they know they have the right to demand asylum and that we’re ready to help them in their attempt to do so.”

    Charlene Cuartero-Saez works for Anafé, an association that helps foreigners who have been blocked between borders, and which has an office at ZAPI. She almost chokes when she hears the “model” description of the facility that Marty has given, saying it is far from the benevolent place he has been talking about.

    Cuartero-Saez has her desk in room 38 of the building, which has been converted into an Anafé office, Cuartero-Saez lists the different dysfunctions of the place: the poor ventilation, the restricted outdoor access, cameras in the communal areas, no laundry room… “It’s true that here, the material conditions are less difficult than elsewhere. Charles de Gaulle’s ZAPI is a bit like the display window for other ‘waiting zones’ in France. But that doesn’t prevent people from having their rights flouted, especially here.”

    ’Some are sent back just a few hours after their arrival in France’

    “[Police] say that people are informed of their rights in their native language, but in my opinion that is not always true. Many [officers] work on the principle that if the migrants speaks a few words of English, he or she doesn’t need an interpreter.”

    Anafé is also alarmed over the fast-speed returns of “ZAPIsts” – despite the existence of a “clear day” which normally gives a person 24 hours of respite at ZAPI. “This ‘clear day’ exists, yes, but you only get it if you ask for it! Many people don’t even know what it is,” Cuartero-Saez says. “There have been cases where people have been sent back to their countries just a few hours after arriving in France.”

    The law stipulates that asylum request can be filed at any moment – and thereby suspending an imminent deportation. In those cases, an Ofpra official comes to ZAPI to carry out a pre-assessment of the person’s request. The interview doesn’t decide on the asylum application itself, but evaluates the pertinence of the demand. A decision should be made within 20 days. If the demand is rejected, a deportation is imminent. A person filing a demand for asylum while at ZAPI can therefore receive a definite response within just a few days, whereas the average waiting time in France is between two and eight months or even more, depending on the case.

    Ces trois jeunes Sri-Lankais ont dpos une demande dasile aux frontires Crdit InfoMigrants

    “The aim of keeping [people in] this waiting area is to be able deport them, Cuartero-Saez states, and gives three asylum-seeking Sri Lankans who are currently staying at ZAPI as an example. The three men – all under the age of 30 – are in the courtyard and explain how they fear for their lives because they’re members of the separatist Tamil Tigers (LTTE) movement. All three have just been notified that their demands for asylum have been rejected.

    They show their rejection letters while seated on a bench in the sunshine. They speak neither French nor English and they don’t seem to know what to do next. They’ve been there for two weeks now. “We told them that they can appeal the decision. They didn’t know they could do that, no one had informed them of that,” Cuartero-Saez says.

    The three Tamils appear to be quite lost. They don’t seem to understand that they could face imminent deportation. In five days’ time, their retention at ZAPI will expire. “We don’t want to go back to Sri Lanka,” they say smiling. “We want to stay in France.”

    Aja, from Chad, and her two small daughters are in the same situation. They have been held at ZAPI for four days. Aja doesn’t want them to be returned to Chad, but she doesn’t want to demand asylum either. “I think I had a problem with money… That’s why they’re keeping me here. I’m here as a tourist,” she says, but adds that she “would very much like” to stay in France if it was possible. Because of this deadlock, she and her daughters also risk deportation.

    For those staying at ZAPI, the place is not synonymous with neither violence nor mistreatment but rather anxiety. At any given moment, PAF officers can try to force someone at ZAPI onboard a plane. “We have examples of people who don’t manage to register their asylum request in time,” Cuartero-Saez at Anafé says. “When the demand hasn’t been registered, the process is never launched… And so, without recourse, a person can be sent back in less than four days without even knowing his or her rights.”

    http://www.infomigrants.net/en/webdoc/146/no-man-s-land-at-paris-airport-where-france-keeps-foreigners-who-ve-be
    #Paris #aéroport #zone_de_transit #limbe #asile #migrations #réfugiés #déboutés #renvois #expulsions #détention #rétention #détention_administrative

  • La Grande-Bretagne veut taxer les géants du web Ingrid Vergara - 30 Octobre 2018 - Le figaro
    http://www.lefigaro.fr/secteur/high-tech/2018/10/30/32001-20181030ARTFIG00131-la-grande-bretagne-veut-taxer-les-geants-du-web.p

    Dans son projet de budget, le gouvernement prévoit une imposition de 2% sur le chiffre d’affaires réalisé par les grandes plateformes sur le sol britannique. Mais, les patrons d’entreprises numériques européennes comme Spotify, Booking.com ou Zalando expriment leur « grave préoccupation » sur le projet de taxe européenne.

    L’Union européenne en parle depuis des années sans arriver à s’accorder... C’est finalement la Grande-Bretagne qui pourrait être la première à le faire ! Dans son projet de budget 2019-2020, le dernier avant la sortie de l’Union européenne présenté lundi à la Chambre des Communes, le gouvernement britannique annonce la création d’une taxe qui vise sans les nommer les grands acteurs de l’Internet. Concrètement, il s’agirait d’imposer à 2% le chiffre d’affaires généré sur le sol britannique par les grandes entreprises du numérique (plateforme, place de marché, moteur de recherche, réseaux sociaux...). Deux conditions sont posées : avoir réalisé un bénéfice et réaliser un chiffre d’affaires global d’au moins 500 millions de livres annuel (561 millions d’euros). La taxe est clairement conçue pour toucher les géants comme Google, Facebook, Amazon, Aibnb et autres et non les start-up britanniques, a voulu rassurer Philip Hammond, le chancelier de l’Échiquier.

    Ce nouvel impôt pourrait être introduit à partir d’avril 2020 et devrait, selon les calculs du ministère, rapporter plus de 400 millions de livres par an (450 millions d’euros) en année pleine.

    « Des progrès douloureusement lents »
    « Il n’est clairement pas soutenable, ni équitable, que des plates-formes numériques puissent générer des bénéfices substantiels au Royaume-Uni sans payer de taxes ici en lien avec ces activités », a déclaré le ministre des Finances Philip Hammond. Selon des chiffres de l’association Tax Watch, cités par the Guardian, Facebook par exemple aurait payé 15,8 millions de livres l’an dernier pour un chiffre d’affaires de 1,3 milliard de livres au Royaume-Uni.

    En parallèle, le chancelier de l’Échiquier explique que son pays continuera à travailler avec l’OCDE et le G20 pour trouver une solution au niveau international. Si un accord était trouvé avant 2020, la Grande-Bretagne renoncerait à sa taxe locale au profit de l’accord global. « Un nouvel accord mondial est la meilleure solution à long terme. Mais les progrès sont douloureusement lents. Nous ne pouvons pas nous contenter de parler pour toujours. Nous allons donc maintenant introduire une taxe sur les services numériques au Royaume-Uni » a-t-il martelé.

    « Grave préoccupation » des entreprises européennes de la Tech
    Pour l’instant , les grandes plateformes américaines n’ont pas réagi officiellement à l’annonce. Philip Hammond a taclé au passage Nick Clegg, l’ancien vice premier ministre britannique devenu le nouveau visage public de Facebook. « J’attends déjà avec impatience son appel de l’ancien chef des libéraux démocrates. » a-t-il déclaré devant les députés britanniques. Ce dernier ne prendra ses fonctions qu’à partir de janvier prochain. Julian David, représentant des entreprises de la Tech britannique trouve que le seuil de 500 millions de livres de chiffre d’affaires était bas et risquait de toucher des entreprises plus petites que celles visées par le projet de taxe. D’ailleurs, dans une lettre publiée mardi, les patrons de 16 entreprises numériques européennes comme #Spotify, #Booking.com ou #Zalando ont exprimé leur « grave préoccupation » face à ce projet de taxe européenne. Ils estiment que cela « causerait un préjudice matériel à la croissance économique et à l’innovation, à l’investissement et à l’emploi dans toute l’Europe ».

    De son côté, l’Europe patauge toujours. En attendant une éventuelle solution au niveau de l’OCDE, Paris cherche toujours à convaincre ses partenaires européens d’adopter avant la fin de l’année son projet de taxe Gafa mis sur la table par la Commission européenne en mars. Elle propose d’instaurer une taxe de 3% sur le chiffre d’affaires généré par les entreprises du numérique dont le chiffre d’affaires annuel mondial dépasse 750 milions d’euros et dont les revenus dans l’UE dépassent 50 millions d’euros. La semaine dernière, le ministre français de l’Économie Bruno Le Maire a défendu devant les députés européens la « priorité absolue » que représentait cette taxe. « Nous aurons d’autant plus vite une solution à l’OCDE que l’Europe aura été capable (...) de créer cette taxe sur le numérique », a assuré Bruno Le Maire à Strasbourg a-t-il expliqué. Le projet est loin de faire l’unanimité, pourtant indispensable pour toute réforme touchant à la fiscalité : les pays nordiques sont réticents, l’Irlande y est totalement opposée. Redoutant des représailles américaines sur son industrie automobile, l’Allemagne plaide plutôt pour un impôt minimum mondial. Les ministres européens doivent à nouveau débattre de cette taxe lors d’une prochaine réunion à Bruxelles le mardi 6 novembre.

    L’Espagne pourrait emboîter le pas à la Grande-Bretagne. Elle envisage d’adopter une taxe de 3% sur les entreprises ayant un chiffre d’affaires d’au moins 750 millions d’euros par an dans le monde et d’au moins 3 millions en Espagne.

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