Europeanisation of racism and racial hatred
Every nation state is entitled to secure her own borders. But no nation state, no matter how powerful, no matter how prosperous, is entitled to resort to humiliation, dehumanisation, and demonisation of people who turn up paperless or paperful, at its seaport or airport.
The UK Border Agency, a Division of the Home Office, has crossed certain boundaries which Humanity would find repugnant.
Of course, the responsibility for the security of a country’s borders is the sole prerogative of civil servants. The term “civil servants” is a misnomer. “Civil Masters” would be more descriptive and demonstrative of the functions of the civil service of a country.
Whatever the meaning to be attributed to the term “civil servants” or “civil service” there can be no dispute that a country’s civil service is the Authority that manages the affairs of the State on behalf of the inhabitants and parliament.
Politicians come and go but the civil service, perceived as the bedrock of the nation, remains. Civil Servants or Civil Masters are in place to uphold the integrity and security of the state on behalf of the people. In a democracy, a civil servant or civil master should be answerable to his or her own conscience.
Processes in dehumanisation
The humiliation that awaits many from deprived zones of the world when they arrive at UK Immigration Points in different parts of the world and in the UK itself, including Gatwick, Heathrow, Stanstead, and other airports or seaports, impugns the Christian view of civilisation, tolerance, and racial acceptance regardless of the pigmentation of skins.
Oddly enough, the UK Border Agency glorifies aggression in full glare of television cameras. The disturbing images are sold to foreign television networks. Whatever for? Why should a country, so important on the world stage, devalue Humanity by permitting some civil servants to glorify thuggery?
Mr. Alan Johnson, Home Secretary, should rescind whatever contract the UK Border Agency entered into with foreign television networks on the subject of “UK Unique Solution to a Global Problem”. The images that are televised by a number of television networks with world-wide audience, should be discontinued.
The United Kingdom is the Permanent Chair of a British Commonwealth comprising of 54 countries. When ordinary folks from those 54 countries see images of their own people being dog handled or being locked up in cages by British immigration officials, simply because those people are seeking a life for themselves in the UK, it makes one wonder why we have aggression being directed against us in Afghanistan, Iraq, Somalia, and in other places?
Common European Immigration Policy
Under the emblem of the Public Law Centre in 2002 I submitted a 14-point Proposal for a Common European Policy on Immigration and Emigration, to the Minister of Justice in the Republic of Ireland, Mr. John O’Donoghue. The said Proposal was not taken up or acted upon. Most probably, it was an oversight. Most probably, a Mr. John Lohan, a senior civil servant in Mr. John O’Donoghue’s office at the time left the Document in his filing cabinet and forgot all about it. Not that it matters any more.
Immigration Act 2009
The Borders, Citizenship and Immigration Act 2009, which received Royal Assent on 21 July 2009, fail two tests: The first test is about Lateral thinking. The second test is about Commonsense.
I propose to deal with the two tests at a later date. Basically, the issues to be determined are: What happens in circumstances where the Rules made under a piece of legislation bear little or no resemblance to the legislation? And what happens where the Rules made under a piece of legislation are implemented externally?
According to published information by the Home Office “The purpose of the UK Border Agency is to secure our border and control migration for the benefit our country. One of the key objectives is to create and maintain strong borders.
The Common Travel Area (CTA) is a longstanding arrangement between the UK, the Republic of Ireland and the Crown Dependencies which permits movement without immigration controls for all CTA nationals “
Specimen problem
Let us assume that I turn up at Schiphol Airport. I have no passport but I have my plane ticket for London Heathrow. Let us further assume that the UK Immigration officer at Schiphol does not allow me to travel. Let us further assume that he hands me a piece of paper saying that “I refuse you permission to enter UK”. Finally, let us further assume that he would not let me leave the airport. Instead, he hands me over to Dutch police.
What should one do in the kind of scenario situation described here? Have I committed a UK Immigration offence or Netherlands Immigration offence simply by turning up at a Dutch airport, to board a Dutch passenger airplane, to fly to Heathrow?
It is basic commonsense that a nation state cannot implement the provisions of its internal laws outside of its own borders, with one exception: The former President of the United States, Mr. Bush and former Prime Minister of the United Kingdom, Mr. Blair engaged in “rendition” – snatching [kidnapping] people and dumping them in secret prisons.
The practice whereby the UK Border Agency implements UK Immigration laws and immigration rules outside the borders of the UK is a violation of international law. It is also a violation of the European Union Framework laws.
Immigration and Emigration
No Nation state has ever woken up one morning saying, “I’m migrating”; ‘I’m migrating to France”, or “I’m migrating to the Netherlands” or “I’m migrating to the UK”. Nation states don’t immigrate and they don’t emigrate. They stay put in one place, even until the end of time but then, time never ends because time does not have an end.
Immigration is not about packing one’s bags and baggages and stowing away on a dinghy or hiding under a Bangladeshi registered truck bound for Calais.
Immigration into, and emigration from, a country is a Journey[ 1. See "POLICY SCIENCE - A Science of Explanation, 1992 - By Andre John-Salakov]. A Journey is a Mission, Goal, or Pursuit. Considered in this light, immigration is a Deed, often performed by persons in full control of their senses. The driving force to “immigrate” or “emigrate” regardless of the consequences that might follow, arises because of a Nature-based desire for survival in almost all cases.
Immigration law, why not Emigration law, too?
Nation states have laws, rules, and procedures on immigration but nation states do not have laws, rules, and procedures on “emigration”.
In the European Union we have a situation whereby Member States, especially; the most prosperous Members, Belgium, France, Germany, Italy, Netherlands, Republic of Ireland, Spain, and UK toughen up their immigration laws and harden their immigration rules, with the intention of keeping non-Europeans away from their borders.
The sum total of legislations and immigration rules by some countries in the European Union amount to a Europeanisation of racism and racial hatred. Indigenous European Citizens regardless of their mother tongue can pack up their bags and go to any Continent, enter any country, set up any kind of business – be it bona fide or not so bona fide, obey the laws of any such country or just ignore those laws – yet, those indigenous European Citizens are always accepted with open, friendly, and warm arms.
The competencies of Immigration Law at global or national level are – Citizenship, Nationality, Border Security, Asylum Seeking, Deportation Orders, Passports and Travel Documents, Identify Cards, Naturalisation or Dual Citizenship. Each of these issues would be discussed under the header of “Immigration Law”.
