IRAKI REFUGEES – POLITICAL REFUGEE STATUS
(No. B/345) Mr E. Guimbeau (First Member for Curepipe & Midlands)
asked the Prime Minister, Minister of Defence and Home Affairs whether, in
regard to the six Iraki refugees, he will state if –
(a) he is aware that the United Nations High Commissioner for Refugees
has given to them the status of political refugee, and
(b) Government has received any request from the Amnesty International
(Mauritius) for any assistance to be extended to them.
The Prime Minister: Mr Speaker, Sir, I am informed by the Commissioner
of Police that six foreigners arrived in Mauritius in November 2008 from France
with alleged Danish passports. They were permitted to stay for a period of two
weeks on holidays, as they were holders of passports issued by a member of the
European Union and, therefore, there was no reason not to allow them to stay on
holidays.
Prior to their departure on 24 November 2008, they were intercepted by the
Duty Manager of Air Mauritius, because he had received information that they
might be travelling on fake Danish passports.
8
Consequently, they were refused permission to board the flight and were
referred to the Immigration Authorities for enquiry. They confessed that they
were, in fact, nationals of Iraq and that they had obtained their passports by
fraudulent means. They were arrested and kept under Police custody. A
provisional charge of “making use of a forged document” under section 114 of the
Criminal Code Act was lodged against them.
In January 2009, the Senior Regional Protection Officer from the United
Nations High Commissioner for Refugees (UNCHR) Regional Office in Pretoria
came to Mauritius and interviewed the six Iraqis, in order to establish whether they
deserved international protection. On 21 January 2009, this Regional Office in
Pretoria concluded that the six Iraqis were likely to face persecution in Iraq
because of their religious beliefs and were in need of international protection as
refugees.
On 24 March 2009, the Regional Representation of the United Nations
High Commissioner for Refugees for Southern Africa and the Indian Ocean Island
States issued certificates of recognition for the six Iraqi nationals currently in
Mauritius regarding their status as refugees.
UNHCR has confirmed that it would be responsible for the upkeep of the
six Iraqis pending their departure to a third country. It also gave the assurance that
all efforts were being made that their resettlement takes place as soon as possible.
As regards part (b) of the question, Amnesty International (Mauritius
Section) on 25 March 2009 requested the immediate and unconditional release of
the six Iraqis from Police custody following the issue of the refugee certificates by
UNHCR.
9
On 26 March 2009, the Court was informed that the Director of Public
Prosecutions would not appeal against the release of the six Iraqis. Court agreed to
a request from the defence counsel for the quantum of the surety to be reduced
from Rs50,000 to Rs10,000. The Iraqis were released on the same day and have
been requested to appear before Court on 02 July 2009.
Mr Bérenger: Mr Speaker, Sir, from what I understand, they came in to the
country with fake Danish passports. Has an inquiry been carried out to find out
how is it that they got through Police and Passport Authorities?
The Prime Minister: What is surprising, Mr Speaker, Sir, is that from
Denmark, they went to another European country, and they managed to pass
through that as well. It is here, as I said, when they were leaving, that information
was received.
Mr Bérenger: From what I heard, I’m very surprised that somebody at Air
Mauritius, God knows how, got to know that they were fake passports, get them
stopped as they want to leave the country. Has an inquiry been carried out about
who is this rare bird – cet oiseau rare – at Air Mauritius that has been able to do all
this and whether he has gone to the Police once he had information to that effect,
or whether he just waited for them to try and re-embark to have them stopped at
the airport?
The Prime Minister: We should congratulate him in the first place. We do
have some people who do their work in this country. In fact, it was at the last
minute that he got the information and tried to double check, and then he stopped
them.
Mr Guimbeau: I would like to table the certificate showing that the six
refugees are recognised refugees by the United Nations High Commissioner.
(Interruptions)
I would just like to table it.
10
Mr Guimbeau: M. le président, le fait que le United Nations High
Commissioner for refugees a accordé le statut de réfugié politique aux six réfugiés,
n’est-il pas logique que les charges de possession de faux passeports contre les six
réfugiés soient enlevées?
The Prime Minister: I understand there was this provisional charge. I
mentioned earlier on that the DPP has made it known that he is not objecting for
their release on bail. But, if you have done a criminal act, I think this is the law.

Sitting tuesday 28 April 2009

(No. B/345)

Mr E. Guimbeau (First Member for Curepipe & Midlands) asked the Prime Minister, Minister of Defence and Home Affairs whether, in regard to the six Iraki refugees, he will state if –

(a) he is aware that the United Nations High Commissioner for Refugees has given to them the status of political refugee, and

(b) Government has received any request from the Amnesty International (Mauritius) for any assistance to be extended to them.

The Prime Minister: Mr Speaker, Sir, I am informed by the Commissioner of Police that six foreigners arrived in Mauritius in November 2008 from France with alleged Danish passports. They were permitted to stay for a period of two weeks on holidays, as they were holders of passports issued by a member of the European Union and, therefore, there was no reason not to allow them to stay on holidays. Prior to their departure on 24 November 2008, they were intercepted by the Duty Manager of Air Mauritius, because he had received information that they might be travelling on fake Danish passports. Consequently, they were refused permission to board the flight and were referred to the Immigration Authorities for enquiry. They confessed that they were, in fact, nationals of Iraq and that they had obtained their passports by fraudulent means. They were arrested and kept under Police custody. A provisional charge of “making use of a forged document” under section 114 of the Criminal Code Act was lodged against them.

In January 2009, the Senior Regional Protection Officer from the United Nations High Commissioner for Refugees (UNCHR) Regional Office in Pretoria came to Mauritius and interviewed the six Iraqis, in order to establish whether they deserved international protection. On 21 January 2009, this Regional Office in Pretoria concluded that the six Iraqis were likely to face persecution in Iraq because of their religious beliefs and were in need of international protection as refugees. On 24 March 2009, the Regional Representation of the United Nations High Commissioner for Refugees for Southern Africa and the Indian Ocean Island States issued certificates of recognition for the six Iraqi nationals currently in Mauritius regarding their status as refugees. UNHCR has confirmed that it would be responsible for the upkeep of the six Iraqis pending their departure to a third country. It also gave the assurance that all efforts were being made that their resettlement takes place as soon as possible.

As regards part (b) of the question, Amnesty International (Mauritius Section) on 25 March 2009 requested the immediate and unconditional release of the six Iraqis from Police custody following the issue of the refugee certificates by UNHCR.

On 26 March 2009, the Court was informed that the Director of Public Prosecutions would not appeal against the release of the six Iraqis. Court agreed to a request from the defence counsel for the quantum of the surety to be reduced from Rs50,000 to Rs10,000. The Iraqis were released on the same day and have been requested to appear before Court on 02 July 2009.

Mr Bérenger: Mr Speaker, Sir, from what I understand, they came in to the country with fake Danish passports. Has an inquiry been carried out to find out how is it that they got through Police and Passport Authorities?

The Prime Minister: What is surprising, Mr Speaker, Sir, is that from Denmark, they went to another European country, and they managed to pass through that as well. It is here, as I said, when they were leaving, that information was received.

Mr Bérenger: From what I heard, I’m very surprised that somebody at Air Mauritius, God knows how, got to know that they were fake passports, get them stopped as they want to leave the country. Has an inquiry been carried out about who is this rare bird – cet oiseau rare – at Air Mauritius that has been able to do all this and whether he has gone to the Police once he had information to that effect, or whether he just waited for them to try and re-embark to have them stopped at the airport?

The Prime Minister: We should congratulate him in the first place. We do have some people who do their work in this country. In fact, it was at the last minute that he got the information and tried to double check, and then he stopped them.

Mr Guimbeau: I would like to table the certificate showing that the six refugees are recognised refugees by the United Nations High Commissioner.

(Interruptions)

I would just like to table it.

Mr Guimbeau: M. le président, le fait que le United Nations High Commissioner for refugees a accordé le statut de réfugié politique aux six réfugiés, n’est-il pas logique que les charges de possession de faux passeports contre les six réfugiés soient enlevées?

The Prime Minister: I understand there was this provisional charge. I mentioned earlier on that the DPP has made it known that he is not objecting for their release on bail. But, if you have done a criminal act, I think this is the law.