With the increase in intra-state wars, the flow of refugees has also increased. As of end 2007 the major refugee hosting countries as listed by UNHCR[1] were Pakistan, Syrian Arab Republic, Islamic Republic of Iran, Germany, Jordan, United Republic of Tanzania, China, United Kingdom, Chad and the United States. In Europe, Switzerland has been a host country for refugees ever since the Holocaust, which began with the influx of Jewish refugees. A substantial drop in the number of asylum seekers to Switzerland has recently also been noticed. As per statistics recorded in 2007, around 41,062 people have applied for asylum in Switzerland[2]. Also in 2007 the first applicant from Malaysia was given refugee status within two months of his arrival in Switzerland.
Highest number of asylum seekers in Switzerland
| Serbia | 7,810 |
| Iraq | 3,501 |
| Somalia | 3,329 |
| Sri Lanka | 2,356 |
| Angola | 2,288 |
| Eritrea | 2,249 |
| Congo | 2,146 |
| Bosnia | 2,250 |
| Turkey | 2,094 |
| Afghanistan | 1,323 |
| Iran | 1,171 |
| Ethiopia | 1,151 |
| China | 877 |
| Syria | 793 |
| Russia | 752 |
| Unknown nationality | 752 |
| Nigeria | 409 |
Federal Office for Migration, as at 31.12.2007
A large number of Sri Lankan asylum seekers enter Switzerland illegally despite the presence of an Embassy in Colombo which processes individual applications providing an initial assessment of eligibility. The reason for illegal entry is widely believed to be due to the delay in processing these individual applications, some even taking up to one year. Nevertheless, there have been instances of speedy responses to applications, usually between 1 – 1 ½ months of submitting them, depending on the urgency of the situation, i.e. victims of abduction, families of people killed facing threats etc., a situation amounting to grave threat of persecution, importantly with state involvement. An essential aspect for the increase in illegal entry is also the lack of a specific case to back claims for asylum. Many Sri Lankan Tamils from the North and East are forced to illegally enter countries such as Switzerland due to general hardships faced as a result of conflict and widespread impunity. Most of these Sri Lankan Tamils also have relatives in these countries of refuge, which gives them the incentive to leave their home country. Even though these people do not have a specific individual case, the hardships that arise from living in conflict prone areas help them come up with stories that are convincing in terms of eligibility. Furthermore, Sri Lanka is currently considered as a country at war so many asylum seekers are kept back under humanitarian grounds. Illegal entrants dispose of identification papers mainly to erase evidence of the air, sea and land routes used in entering the country of asylum illegally. Countries like Switzerland are also used by asylum seekers heading to Canada or UK, in transit, and in terms of the latter many enter France and use the land route to reach UK.
Asylum seekers enter into the system through the reception centres in Basel, Chiasso, Kreuzlingen and Vallorbe. Asylum seekers enter Switzerland through its borders both legally and illegally. There are also asylum seekers who enter with the assistance of the UNHCR and those who apply through Switzerland’s Embassies situated around the world. The Embassies process the applications in close consultation with the Federal Office of Migration (FOM) in Bern and successful applicants are given tourist visas to enter Switzerland legally. These asylum seekers are then handed over to the Reception Centres and the process of seeking asylum begins thereafter. It is important to note that asylum seekers who enter legally are not guaranteed refugee status, but are merely provided with a legal entry into the country. They are then subjected to a rigorous interview process which will assess their eligibility for refugee status.
The State run reception centres can in reality be considered as detention centres, with a controlled system that ensures the containment of the asylum seekers in relation to all aspects. For example, at the Reception Centre in Kreuzlingen, asylum seekers arriving at the reception centre are subjected to a registration process, which includes security clearance, handing over electronic equipment such as mobile phones, laptops etc., handing over identification papers, passports and all documents related to the asylum seeker and his/ her family, fingerprinting and photographs. This process sometimes takes up to 6 – 7 hours excluding the break for lunch. Asylum seekers who arrive during the night after the office hours have to stay in the waiting area until the following day. They are given mattresses and blankets and have to spend the night in the glass partitioned waiting area without any privacy or comfort, under the close scrutiny of the night security personnel referred to as ‘Securitas’. No food is provided with only the availability of potable water from the toilets. A family from Sri Lanka who arrived in Switzerland in 2007, re-call the initial shock of their first few hours as asylum seekers. ‘Our application in Sri Lanka was processed very fast. The Embassy hardly gave us information in relation to what to expect in Switzerland. We wanted some information since we were travelling with two very small children but they just said that everything will be taken care of. We arrived in Zürich late in the night and were met by an official from an agency dealing with the logistics for asylum seekers. The official handed over our train tickets and helped us board the train we had to then proceed to Kreuzlingen by ourselves. It was very difficult for us, with heavy bags and two tired children. We missed our connecting train and had to take a taxi which cost us Fr. 50. When we arrived in Kreuzlingen badly needing a rest we were asked to sleep in the waiting area. We knew it was not going to be easy but we would have been better prepared if there was some indication for us from the Embassy, we would at least have booked a flight that arrived during the day.’ Nevertheless, it must be mentioned that the increase in violence and involving in illegal activities by asylum seekers have also contributed to the need for strict control in reception centres like this.
The Kreuzlingen Reception Centre, like other reception centres accommodates the asylum seekers in dormitory style rooms, with the women and men put up separately. There are no provisions for families to stay together. At 8 p.m. the lights go off and breakfast is at 7.30 a.m. where the asylum seekers line up in front of a large eating area and are served their food by the kitchen crew. Similarly there are times for lunch and supper. The rooms cannot be used during the day especially during the mid-day cleaning time. The asylum seekers are also expected to do menial jobs like cleaning the play ground area, the rooms, stairways, windows, the toilets and the bathrooms. The communal bathrooms are divided into male and female areas and are locked during the day. They are opened early in the morning and late in the evening. There are specific times in the morning and in the afternoon when the asylum seekers are allowed to leave the centre and move around in the town. Each asylum seeker is given a weekly allowance calculated at Fr. 3 per day. Bringing in food and drink items are also restricted especially chocolates and alcohol but it is quite ironic how certain asylum seekers manage to smuggle in drugs and mobile phones. Once you leave the centre you cannot return until the stipulated time has lapsed nor can you arrive late. Asylum seekers who have family or friends living in Switzerland can stay with them on weekends. The centre has a large outsider area with a play area for children, which is used by all asylum seekers during the day, if the weather permits, as an alternate to the large eating area which also functions as a TV room. Visits are also made by representatives from NGO’s such as Caritas to talk with the asylum seekers about living conditions and the provision of free legal advice which is also provided by them if required.
The initial interview for an asylum seeker is held at the reception centre and is usually held on the 5th day of arrival. The maximum period of stay for an asylum seeker would be 60 days. Usually, asylum seekers arriving legally or family members of those who have already obtained refugee status are transferred to a canton within 15 – 20 days. They only have their initial interview whereas illegal entrants (sans papiers) have around 3 interviews sometimes including their final interview before they are assigned a canton. The legal entrants have their final interview in Bern after which a decision is made on their application for refugee status. A translator is provided for all interviews. Illegal entrants who have their final interview at the reception centres have it in the presence of officials from the Federal Office for Migration and NGO Representatives i.e. Caritas. In the Sri Lankan context many asylum seekers have had bad experiences in terms of the translators provided by the Kreuzlingen Centre, usually a Swiss resident of Sri Lankan origin. One particular translator was known to have been very condescending and quite biased in terms of his interactions making the asylum seekers feel threatened and at unease. His conversations and body language with the officer conducting the interview was very free and gave the asylum seekers being interviewed a feeling that he had the power to influence the officer. A young male asylum seeker who experienced this first hand stated, ‘I was very upset at the way he was behaving especially being a fellow Sri Lankan. He was intent on making my claims sound as if they were false. I just wanted him to be impartial and to do his job without concentrating on intimidating me’. Subsequently, a group of Sri Lankan asylum seekers formally handed over a petition against this particular translator. This gives us an insight into how far the politics of a country goes, with individual attitudes impregnating a system that is believed to be unbiased and impartial.
Next the asylum seeker is assigned a canton. After a train journey to the canton (train ticket provided), the asylum seeker is required to register with the Cantonal Office which gives them information in relation to where they are to be housed. The asylum seeker then has to find his/ her way to the assigned ‘transit centre/ camp’. There are many transit camps in each canton for Phase I of the asylum process. In Zurich city there are 4 main transit centres Durchgangzentrum Embrach 1, Durchgangzentrum Embrach 2, Durchgangzentrum Hegnau and Durchgangazentrum Regensbergstrasse run by the AOZ, an independent public institute which works for the city of Zurich as well as for other cantons and municipalities of the Swiss Federation. AOZ also runs transit centres for gemeindes or municipalities in canton Zürich specifically in Bäretswil, Fehraltdorf, Fischenthal, Geroldswil, Gossau, Hinwil, Hittnau, Nürensdorf, Oberengstringen, Oetwil an der Limmat, Pfäffikon, Schwerzenbach, Sternenberg, Unterengstringen, Volketswil, Wald, Wangen-Brüttisellen and Weiningen.
These transit centres usually house individual and family asylum seekers on a sharing basis. For example, in Durchgangzentrum Regensbergstrasse a large apartment is divided into two sections, on that houses families and female asylum seekers and another section that houses single males with few sections for families as well. The centre has two office rooms, a large basement area for asylum seekers to meet, a class room, a TV room, an internet cafe, a billiards room, a laundry room and washroom with toilets. The internet cafe and billiards room are also used during the day to conduct German classes for asylum seekers. The German classes are divided into 3 levels, basic, medium and advanced and are currently being taught by three young and dynamic teachers. The classes are mandatory and the language of instruction is German. A play room for young children is also available, with parents assigned to a roster to take care of the children while the other parents attend German classes. There is wide criticism amongst asylum seekers that no support is given in languages such as English during lessons but this manages to give an extra push to motivate the asylum seekers to learn the language. Unfortunately, language classes are not taught in a uniform manner in all transit centres lacking regularity and thereby stifling interest.
Asylum seekers live in the transit centre for a minimum of 6 months which is the official limit. At the end of 6 months the asylum seeker is transferred to another gemeinde or municipality as per Phase II of the asylum process. Some stay longer than 6 months depending on the availability of vacant slots as per their individual needs. A meeting conducted by the transit centre’s staff to assess the individual needs of the asylum seeker in terms of the impending transfer i.e. facilities for children, not wanting to share accommodation with asylum seekers from their country of origin, non-smoking environment etc. The information gathered at the meeting is then forwarded to the Cantonal Office which identifies a suitable gemeinde for the asylum seeker. The asylum seekers are put up in private houses run by the municipality usually sharing with other asylum seekers. These places vary in comparison. After 6 months of registering, an asylum seeker is permitted to work either full or part time. Those who cannot find jobs with private businesses are able to work under the Gemeinnützige Einsatzplätze (GEP) which is also administered by AOZ and identifies non-profit jobs for asylum seekers and refugees. An allowance according to the hours worked are usually paid and those who travel to the Zurich city from semi-urban areas of the canton are given an allowance for a monthly travel ticket. Those who obtain full time work and remove themselves from social assistance need to find suitable accommodation and vacate the accommodation provided by the gemeinde. Accommodation is very difficult to find, with the Swiss reluctant to rent out to ‘ausländer’ or foreigners. There is also a tendency for Swiss homeowners to prefer renting out their apartments to asylum seekers or refugees with full time jobs than those dependent on social assistance provided by the government.
There is no specific time line for a decision on a refugee application to be made. Both legal and illegal entrant asylum seekers have to wait a minimum of 9 months for a decision to be made with the exception if the case relating to the Malaysian asylum seeker mentioned earlier. The maximum limit is arguable with some taking even 5 years or more. Usually a final interview held in Bern will determine the final decision. Sometimes, asylum seekers who have already had their final interview in the reception centre are given a decision without the Bern interview. If the decision is negative there is a provision for an appeal usually within 30 days. Usually, asylum seekers with a negative decision make their appeal through a lawyer. Organisations like Caritas provide free legal aid but some asylum seekers prefer to hire private lawyers. If the appeal is given a negative response the asylum seeker will be deported to the country of his/ her origin.
Swiss attitudes towards asylum seekers and refugees are fairly reserved bordering on hostile. This is due to the deep attachment of the Swiss towards their; the strength of which they feel is being eroded by the constant influx of foreigners. Nevertheless, it is a fact that the migrants have been filling in the work space left by the aging Swiss population. A part of the hostility is justified due to the increase seen in terms of crime in a country which is considered fairly safe and trouble free. Many asylum seeker and refugees especially from Balkan countries such as Kosovo and some African countries involve in criminal activities constantly creating trouble for the centres they live in and other occupants. Anti-migrant notions are also fuelled by political parties such as the Swiss People’s Party (Schweizerische Volkpartei –SVP) which has been accused of racism and fanning Islamophobia, and is also currently the ruling party of Switzerland.
Being an asylum seeker and the process of becoming a refugee is like being born again but the period of confinement is the most trying part of it all. Mark Raper[3] sums this up succinctly, when he says, ‘to be a refugee is to live in the margins of society, excluded from political or social importance. The man or woman who is a refugee may one time have been important, once enjoyed a role in life. In a camp of displaced people, each on is a former something; a former housewife, doctor, farmer, minister of state. Each is a person in waiting, dependent on another’s decision.’
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