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Spotlight on Legal Action: The Saga of a Refugee (Continued)

(Publisher's note: The World Service Authority (WSA) receives hundreds of letters each week, many of those from refugees who have fled their country of origin because their lives were imperiled. All too often, a destination country's officials treat refugees as criminals instead of giving them the support they need to start new lives. Refugees are sometimes confined in prisons, sometimes in detention camps. In many instances they become "invisible."

Some detained refugees hear about the World Passport and manage to write to the World Service Authority. Their letters often require interpretation-either because they are written in their native language or in the most rudimentary English. Always, the writers detail the appalling treatment they are subjected to and the dreadful conditions they live in, while making heart-wrenching pleas for help and expressing profuse appreciation for any assistance provided.

To most, the World Service Authority is a last hope.

Yugoslavia-born (name withheld) fled for his life to the Philippines in April 1990. He soon realized he was not welcome there, yet all his attempts to leave have been thwarted, principally by the local office of the United Nations High Commission for Refugees.

World Citizen News continues this refugee's story with a summarized compilation of various letters received from him in the last couple of years, which prompted the letter folowing that from the World Service Authority's legal department to Fidel Ramos, president of the Philippines.

Stateless and Helpless

Dear Ma'am: I will explain my life through the story of what has happened with me here for about 5 years. I'm Yugoslavian nationality and a war service resister. I fled my country of origin to escape from imminent war service.

The reason why I am here in Philippines is that I fear to go back to my country because my country has no freedom. Because of communist dictatorship, there is no freedom of religion, social groups or religious or political opinion, so I need protection from persecution. I was many times detained solely because of my beliefs, ethnic origin, or religion. It's a reasonable risk I will be again imprisoned as prisoner of conscience, tortured, or executed if I am returned home.

I arrived here via cargo ship from Italy as an asylum seeker. I am now a stateless person, and decided to ask protection from the United Nations High Commissioner for Refugees (UNHCR).

The local UNHCR High Commissioner, Mr. Sijaravatne (of Sri Lanka), told me that I need to go back to my country and get a machine gun, to kill people because I was a military officer. He said to me, you need to give your life in your home country. I cannot forget that UNHCR representative.

After that, I was thinking I don't have a chance to apply for asylum here. I slept in the airport for some hundred nights. One Japanese couple, travelers, helped me get a one-way ticket for Korea. I went to Korea in 1992 and applied for asylum in Seoul. It was the same result: No chance.

During my time waiting in Seoul, five immigration officials kicked opened the door of my hotel room at 5:00 a.m. on December 25, 1992. They opened all my bags and scattered all my things, looking for brochures about communism. After that, one of them pointed his pistol at my back, saying to me, "You are a communist bastard who likes to stay in this country. This is not a country for communist bastards."

I was taken to jail. Meanwhile, my hotel room was left open and all my important documents and my wedding ring were lost. I was held for five days. Every day, three to four times, they interviewed me about a communism and military politics and tactics in Yugoslavia.

I was then put on a plane back to Manila. Upon arriving there, I called UNHCR and told the story of what happened to me in Korea. This time, UNHCR accepted me as a person of concern and started giving me an allowance in April 1993. But I still have no chance of receiving asylum in the Philippines.

UNHCR is not prepared to protect me against forced deportation to my home until it's considered safe for me to return. UNHCR does not think I'm a war resister.

I need assistance from your office to help me leave this country. For foreigners like me, the Philippines is a murderous country, with combinations of extreme poverty, unemployment, universal carrying of guns or bladed weapons, cheap alcohol, and underlying resentment of foreigners. I have never lived a in country where murder is so commonplace or where human life is held so cheap.

I want to live peacefully. Please answer my letter immediately, please. Can you imagine my life? My allowance is 2850 pesos per month ($100). The rent for a cement room without anything inside takes $80. I sleep on cement floor without anything, no pillow or blanket. I'm hungry here. I have lost 21 kg. (50 pounds) while staying here.

Last year, the Ministry of Aliens in Norway sent a letter to UNHCR, requesting them to send documents about my case. I can go to Norway, but UNHCR here never replied to the letter from Norway.

New Zealand's Ministry of Immigration requested the New Zealand Embassy here in Manila to contact UNHCR. I can go to New Zealand, but the UNHCR office here again rejected that chance.

My family is suffering and without hope. My father died last year. I had never seen him for five years. I have only the chance to go back to Yugoslavia and die without kissing my two sons, my mother, my wife.

Please save my life and the lives of my family. I hope to receive a reply from you. Thank you very much

Yours truly,
(name withheld)

P.S. I'm proud to be a world citizen. Mr. Davis is our father (refugee, stateless). The refugees all over the world will never forget Mr. Davis' work to assist who don't have a country.

WSA Plea to Philippine Authorities

Your Excellency:

The World Service Authority (WSA) hereby respectfully brings to the attention of your office the difficult living conditions of Mr. (name withheld), holder of WSA passport, number---, who is a refugee from the former Yugoslavia. We are confident that you will respond by taking appropriate measures to end the violations of his human rights.

Mr. (name withheld) states that he can barely survive in the Philippines. He asked the United Nations High Commissioner for Refugees for assistance, but was not given any. What is worse, since the government of the Philippines may be closing its refugee camps at the end of 1995, the refugees could be sent back to their countries of origin. Since Mr. (name withheld) was a captain in the Commando Force in the former Yugoslavia and fled the country because he did not want to be involved in the military's "special mission," he states that if he returns, he will could receive a lifetime prison sentence.

Sending Mr. (name withheld) back to Serbia under these conditions would be in violation of Article 5 of the Universal Declaration of Human Rights (UDHR), which states that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

Your government is obligated to uphold the principles of the UDHR under Articles 55 and 56 of the United Nations Charter, which enjoin member-states to "promote the universal respect for and observance of human rights and fundamental freedoms."

Not only is your government obligated to assist Mr. (name withheld) in the exercise of his rights based on the UDHR, you are bound as president of the republic to uphold the national Constitution of 1973, including subsequent amendments. According to Article 2, Section 6 of the Constitution, "The State shall promote social justice to ensure the dignity, welfare, and security of all the people," which includes Mr. (name withheld).

Also, in Section 7, your government is obliged to "establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment by the people of a decent standard of living." Mr. (name withheld) alleges that he is unable to maintain an adequate standard of living, due to a lack of assistance from your government. For example, he states, "I'm hungry here. Can you imagine 30 dollars left for me for 30 days for food, for food only?" Mr. (name withheld) is virtually starving due to inadequate food allotment.

Section 9 of the Constitution declares that, "The State shall afford protection to labor, promote full employment...." Mr. (name withheld) must be assisted by your government in finding a job.

We are confident that you, as the highest-ranking official of a government wishing to maintain its reputation for respecting human rights, will ensure that Mr. (name withheld) is provided with a safe place to live, as well as gainful employment.

We appreciate that you personally may not be aware of Mr. (name withheld) situation. In that case, we are certain that once you have been duly apprised, you will take immediate actions to redress the violations of rights suffered by Mr. (name withheld).

We thank you for your cooperation in this matter.

FOR THE WORLD SERVICE AUTHORITY,
David Gallup
General Counsel


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