One rule for them

[This article was originally published by the New Statesman]

One summer evening, back in August 2005, Andrew Michael Southard was arrested because he swore at a police officer.

Southard and his brother were out cycling when two officers stopped them one evening in central Portsmouth. As the officers searched his brother, Andrew took pictures of the incident on his mobile phone saying, “Don’t fucking touch me, you can’t touch him.” This and telling the officer to “fuck off” led to his immediate arrest.

Southard was charged, and later convicted in the magistrates court, of using “threatening, insulting and abusive behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby, contrary to section 5(1) and (6) of the Public Order Act 1986”.

Southard’s case is not unusual. Swearing at a police officer is the common cause for many young people (as young as 12 in the case of a pint-sized offender arrested and convicted under the Public Order Act because he called an officer “a wanker”), ending up embroiled in the criminal justice system.

For many of the young people continuously stopped and searched by police where I live in East London there is a thin line between a routine stop and a hearing at the mags with a criminal record looming over your future. Irritated because this is the second time you have been stopped today? Stopped at a tube station, angry because everyone is staring and thinking you’re a criminal? Swear in frustration and they have you, a perfectly legitimate arrest under the Public Order Act.

The Sun newspaper reported today that Andrew Mitchell said to a police officer last week: “Best you learn your f***ing place. You don’t run this f***ing government. You’re f***ing plebs.” A kid in Hackney saying half as much to an officer last Wednesday would be in the magistrates court this morning fighting for bail.

So it is galling that Andrew Mitchell has not been arrested, charged, and made to put his defence to the courts, the way countless young people are obliged to every day.

And it is galling that the media and other politicians are chiding him only for being “discourteous” and “rude”.  Even worse, that left-leaning commentators and politicians are only aghast at the use of the word “pleb”*. Those class warriors wringing their hands over Tory snobbery are just as out of touch. Whether or not he said “plebs” is irrelevant if he is allowed to evade the rule of law applicable to the ordinary people.

It is precisely such rampant hypocrisy that fuels the sense of disenfranchisement that contributed to the rioting last year. Then commentators compared looters to MPs fiddling expenses, an odd comparison as the situations are very different. But here, in a rare instance where the experience of a politician mirrors life lived by ordinary people, there is a real analogy to be made. Here we have a politician breaking the law in the same way teenagers do every day, swearing in frustration at a public official. Yet he is not being hauled to court to defend or explain his actions; instead it is trial by Twitter and Radio 4, at worst he may have to resign. Where is the justice in that?

*pleb (Oxford English Dictionary definition)
noun. Informal, derogatory,
a lower class person.

“Since I put my leg in Europe I suffer”

A better life? The European Union’s other problem

France –  part I

Everyone thinks Europe is like heaven,” says Sharaf. “Since I put my leg in Europe I suffer. Since I left my country two years and three months ago. I didn’t sleep on the bed. I don’t think that I am in Europe.”

After leaving Darfur Sharaf bought a fake passport in Khartoum, from there he flew to Istanbul, and from there he made his way into Europe through Greece. “I didn’t know if I was in Europe or a dream. It was very hor­rible,” he says of Greece. He has since made his way to Calais in France, and from there he hopes to try his luck in England. The tall gen­tle-voiced Sudanese man tries to sound casu­al, but it is clear he is hopeful that Britain will turn out to be the Europe of his dreams.

By this stage of their long journey to Britain, many migrants are tired, bitter and desperate. Having struggled in at least one other European country, some began to cre­ate hallucinatory fantasies about the UK based on pure hope and speculation.

“England it is good,” insists an Eritrean man wolfing down his bread and soup at a Calais soup kitchen. “Until they reject you they give you basic necessities. Like food, water, house. Here they treat you as animal. If you [are] going to get the paper or not, you don’t know. Or if you going to die or you going to go mad, you don’t know. It is better for me to go to England, even when they reject me, they treat me well.”

A 14-year-old Afghani boy cut his finger so badly jumping over a fence that doctors were forced to cut it off. The boy and his 12-year-old brother had been trying to get over a fence to get on a truck bound for the UK. They plan to join their elder brother, a refugee living in Britain.

This makes Jacky Verhaegen, who runs Caritas in Calais, incredibly frustrated because their brother has no money or work to sup­port them. Yet they insist they must join him de­spite the avenues open to them in France.

“It is a heartache for me to see them on the streets all day doing nothing. They live in the jungle. It is terrible for a 12-year-old. When I was 12, I was at home, I was at school,” he says.

“I told them, you are 12, if you stay five years in a child centre in France, when you turn 18 you get a French passport. Not a residence per­mit. Then you can go wherever you want.”

It is not just a childish fantasy, at any one time around 200 grown men, and many hundreds more along the coast of northern France, Belgium and Holland, wait in Calais for an opportune mo­ment to smuggle themselves into Britain.

Yet in reality those seeking asylum have a better chance of getting a positive response in France, where the recognition rate is 40% compared to 27% in the UK. France also rare­ly deports people to Afghanistan and Iraq, but the UK regularly sends charter flights full of re­jected asylum seekers to those countries.

But though France has a sys­tem well-equipped to manage asylum fairly, the reality often falls short of expectations.

Matt Quinette, a field worker for Mé­dicins du Monde in Dunkirk, says: “When a Su­danese and Afghani come to Paris and see un­der the bridge his compatriot and say, ‘What do you do here … homeless?’ And when he calls his friend in UK and his friend says yes I arrived one month ago, I get appointment directly, I get money directly, and two months after I get my answer. It doesn’t seem so much to say, ‘I will spend sometime in the jungle and I will get a good place. England is better than here.’”

It is incredibly difficult for immigrants to distinguish fact from reality. Many lie about how well they are doing in Europe. Everyone knows someone who started a business in Lon­don, has a good job, drives a car and has a house. Jacky remembers one man taking pictures in front of the Caritas charity van pretending that it be­longed to him, to send his family at home. Smug­glers wanting to capitalise on the migrant’s optimism, will often embellish the opportunities in the UK.

“They are always controlled by smugglers and they don’t really know what the situation is like in the UK,” says Jean-François Roger from France terre d’asile, an NGO working with the UNHCR in Calais. “It is really difficult for them to get real information.

“The people who stay in the UK don’t tell the truth to their family in their original country … they say yes, OK, come we have found you a good job, we have found you accom­modation, we have the possibility to stay.

“They imagine Eldorado for the UK, they will arrive there and ask asylum, the UK will give them accommodation and a job to work. We know the reality and we say that, but nobody thinks we say the truth. When they travel all of their family says you will be alright in the UK and everything will be OK. Nobody believes us.”

The situation for migrants in Calais is dire, so it is unsurprising people do not want to stay. Calais is a small town with high unemployment of its own to deal with, so there are few jobs for migrants and those waiting on asylum decisions. And it is not just Calais, there are many refugees living in poverty in Paris as well.

The irregular migrants in Calais rely on one or two small charities for food, they have access to a nurse’s surgery where they can shower a few times a week and the rest they figure out for themselves.