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November Vol 27, UK and Europe

Poll could help exiles

By The Times (SA)   Sun, Oct 31, 2010

The British government's plans to deport failed asylum-seekers may be derailed if Zimbabwe holds elections next year, say UK lawyers and civic groups.

The authorities are now weighing up this possibility. As Zimbabwean elections tend to be violent, the groups argue that the UK cannot send the refugees back to a volatile situation.

Zimbabwe's President Robert Mugabe said recently he wanted elections next year, and it is understood he told finance minister Tendai Biti to provide for elections in his 2011 budget.

The asylum-seekers resist efforts to get rid of them, saying they fear they will be tortured or killed on their return, especially in the event of elections.

The MDC-T says more than 200 of its supporters were murdered in the 2008 election. Recent Zanu-PF statements have fanned fear in Zimbabwe and among exiles of another bloody election.

"I feel betrayed," says refugee Lyle Mupinda, 42. "The UK government preaches democracy and human rights, but wants to deport us. All the problems we are facing are seen by the international community.

"Today, Zanu-PF's Simon Khaya Moyo said they would never hand over power."

In 2006, the British Home Office said it had halted forced repatriation to Zimbabwe. But this month, after a fact-finding trip to Zimbabwe of Foreign Office and UK Border Agency officials, the UK government announced it would again repatriate failed asylum-seekers.

Immigration minister Damian Green said the decision to resume enforced returns reflected the "improved stability in Zimbabwe since 2009 and the UK court's view that not all Zimbabweans are in need of international protection".

A court is to rule next month on whether Britain may start deportations. Depending on appeals, the ruling may be postponed to January or February.

Leaders of groups representing refugees held talks on Wednesday with the border agency's director of appeals and removals, Phil Douglas, and Foreign Office officials at Lancaster House. Lancaster House was where agreement was reached on Zimbabwe's independence constitution under which Mugabe came to power in 1980.

Ephraim Tapa, a Zimbabwean human rights activist in the UK and president of Restoration of Human Rights in Zimbabwe, was at the meeting. He said that while UK officials were tough and insisted it was their policy to resume deportations, they seemed to soften their stance during the meeting.

"We raised the fact that there is violence on the rise in Zimbabwe, and talk of elections, which in Zimbabwe are characterised by violence," he said.

"They said they would review their policy depending on changes in Zimbabwe."

Groups fighting for asylum-seekers to remain include the Zimbabwe Vigil, the UK Zimbabwe Association, the Zimbabwean Community Network and MDC-T UK branches.

Asked if the UK government would go ahead with deportations if Zimbabwe held elections, a Home Office spokesman said its policy was kept under review and would be reassessed should the situation in Zimbabwe change significantly.

The border agency, Depart-ment for International Development and the Foreign and Commonwealth Office "have been meeting with the community regularly to discuss Zimbabwe policy issues, and will continue to do so", he said.

Lawyer Rumbidzai Bvunzawabaya said: "Zimbabweans have a strong case to argue for not being sent back because the September 2010 (border agency) report confirms that the political situation in Zimbabwe remains volatile and tense. The general feeling is that violence may rise again if elections are held next year as seems likely.

"Zimbabwe is far from being safe," he said.

Lawyer Taffy Nyawanza of Birmingham said: "It is very unlikely they will resume removals if there is an election because the violence tends to increase.

"The Home Office knows it and they accept it."

Nyawanza and Bvunzawabaya said they had experienced a rise in enquiries from failed asylum-seekers since the British government announced its deportation plans.

By The Times (SA)

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