Criminalization of Migrants in Austria
12.06.2001
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Criminalization of Migrants in Austria

"The concept worked! Such a major action in the metropolitan Viennese area is now going to happen periodically." these were the comments of the head of the drug department of the 'Vienna special security office', Mr Braunsberger, of a widely organized action of drug bust of which secret procedures carried out in the bust have not been revealed to the public so far. On january 23. 2001 32 suspects had been taken into custody (mainly African migrants) by the Austrian special drug police. The above mentioned procedures of the Austrian drug traffic authorities are not new, it has been developed over the years starting 1999, where at the first operation, "operation spring 1", in may 1999, over a hundred of suspects, at several locations at the same time involving a great number of police agents, were arrested being accused of drug trafficking. From there on other drug busts were to follow. Since at this and other drug busts the majority of the suspects were Africans, who are kept!
in custody until now, it is to bee considered a governmental procedure in a widely politically supported environment, which structurally discriminates these migrants, and at the same time tries to criminalize them. The general reports in Austrian media, - in particular the ones published in the best selling Austrian daily newspaper, featured these busts as an "enormous success" - while other seizures confiscating drugs in quantities of kilos even in tons - not involving Africans at all, where hardly mentioned.

The racism, that's reflected in the disgusting way of making politics by the FPÖ; ("no mercy for drug dealers"!) is been carried out by governmental authorities for years and has not started only recently in february when the government changed. Pressure against migrants takes place daily: ID checks, verbal accusations, physical attempts, permanent problems in relations with institutions and other. One should only remember the brutal way of storming the refugee camp at Traiskirchen, attacking female immigrants in particular in a most derogative and inhuman way. Simply the official determination of dividing human beings into "legal" and "illegal" leads to a situation where migrants are punished and imprisoned, only because they are immigrants.
As a result of the Schengen Treaty and its related politics of racist illegalisation and persecution thousands of migrants during the last years have been killed in process of deportation and at the outer borders of the EU.

The officially and continuously proclaimed right for asylum seems to be in reality received by migrants as a charity act, at which they do not realize asylum as their right by law but rather as being a victim of the burocratic system depending on arbitrary. The Austrian law of asylum and immigration characterises in access-limitations and its efforts to keep immigrants and asylum applicants at a low number. The so called "third country clause" is one of the selection methods. In using the same argument, responsibility is passed on to the neighbouring countries, who, caused by their pending EU membership application, are proclaiming their high standards of asylum procedures. If such declarations match reality is to be doubted.
The few, who ever succeed to use the right to have their contend of refuge examined are confronted with hostile burocrates full of prejudices, unfair legal procedures and a more and more restrictive jurisdiction. The yearly recognition rate of 5% of all asylum seekers is self-explanatory.
Austria is not a country for asylum!
In any case, all contacts that immigrants have with institutions and burocracy are generally humiliating and go along with harassments. Immigrants in general are considered by the state as "usual suspects", who are trying to steel a piece of the cake of Austrian high standards of living by making false statements, one example: marriage is often considered as "mock marriage". It is more than understandable that fear, resignation and insecurity is growing amongst migrants, even more daily attacks in the media against foreigners, and racial motivated election campaigns under consideration. The institutional marginalisation and incrimination systemized by the state leads to passive behaviour and isolation among these migrants.

Marginalisation and criminalisation create a permanent misunderstanding that, "holding still "and "alignment" or in other words so called "social integration" could prevent their repression and this creates more distrust towards other co-migrants.
Such politics are accomplishing exactly what they are meant to accomplish by their governmental creators: The migrants are being separated and divided, and eventually realize their own situation accordingly. The motto: "if I stay nice and quiet, nothing will happen to me" or "accusations from governmental institutions against other migrants happen obviously for good reasons and it's these peoples own fault" became popular. The social background and the economic-political circumstances which lead to the fact that human beings dreaming of a better life, using different means to accomplish this goal are purposely diluted by the media and the state and are not recognized as such by the people. When some one uses his efforts by using a false name to be able to escape starvation, poverty and repression in order to get to one of the countries where "milk and honey" is dripping, these circumstances can be well understood.
In each war or conflict the rich west is pursuing its own economic and political interest dipping in its dirty fingers.
Instead of being compensated for secular exploitations, slavery and the raping of history and identity of people, poor countries have to permanently struggle, make disastrous structural adjustments supervised by the IMF and Worldbank, and have to permanently pay back their debts. Regardless of the reason being military conflict, political persecutions or hopeless poverty that people have to escape, the reasons are always similar. The rich west wants to benefit and profit but depriving the people the advantages and leaving them to suffer the consequences. Racism is the principal means and is instutionalized.

Rights are not just given, one has to gain awareness of the situation and has to fight for the rights.
When the racist every day life became unbearable beginning of 1999 the movement of immigrants was founded, determined to protest and demonstrate. It was triggered by the death of migrants during police actions and accumulated after the murder of Marcus Omofuma. The massive repression, that followed shortly afterwards and that manifested in "operation spring", mass arrest of demonstrators who were photographed during demonstrations along with derogative campaigns against them, show how profound the state can be disturbed by strong movements of migrants.
Omofuma was even incriminated with all sorts of crimes after having passed away, similar to how migrants are been incriminated (drug trafficking and asylum fraud and other) as if omofumas death could be justified this way. On February 2001 the suspension from duty of 3 police officers who toggled and chained Omofuma and therefore presumably were responsible for his death, was lifted. The supervising commission did not mention plausible reasons why the suspension against the three cops from the foreigners police department who had been blamed for the Omofuma case has been lifted today. Obviously the reasons for the suspensions could not have changed since so far no court procedure took place. This way the commission is launching a premature acquittal of the impeachment way before any court hearing or the official court case is been scheduled. The frightening fact is that the death of Marcus Omofuma remains entirely unsanctioned.

»It is to bee assumed, that the tragic death of a black African refugee does not move governmental offices«, so Stoisits (Die Grünen). It seems that the usage of violence by the state is free of sanctions and therefore legal.
This reminds of Latin American dictatorship where the "imunidad" sanction-freedom for committed mass murder is covered by law. People who express critics see them selves confronted with special units (armed with clobs and water mitters). Arrest, beat up, court procedures are Austrian democracies every day life. Forcefully one tries to quiet critics and permanently humans are been convicted for supposingly having the active resisted versus state power. This practice is very common in particular against migrants, it is being growingly used if there are no other means of criminalisations handy.

»It becomes more obvious every day the climate in this country is changing. Once more there are people effected who are not welcome in our society and furthermore don't have the grounds to fight against it. During the last few months' cases increase where black people were stopped in the street, perlustrated and controlled under the suspicion of "drug traffic" and were been arrested. Suspicion is based on the colour of skin. Even though x-rays clearly proved innocence preventive custody generally is ordered claiming resistance against state power. The court procedures usually scheduled 6 weeks after the incident end in most of the cases with conviction of the suspects.«
Comment of one refugees consulting office from november 2000


Excerpts of the declaration of S.T.at the police hearing in Hamburg against the refugee movement filed in january 24. 2001

»It's not a hazard if the harassment, troubles, trials and divers others forms of bureaucratic and police persecution have increased during the last months against refugees. This is because our awareness and determination to fight for our rights have also increased and got stronger. The refugee is no more this miserable and passive being, gentle, malleable at will who the German police and administration could ill-treat anyhow. We organize ourselves better and we are more determined and successful in the fight for our rights and dignity. And indeed, this worries the authorities. Therefore, their tactic is to repress us as harshly as possible, in order to scare and discourage refugees and our German supporters.«

It must be understood the functions of the state are defined to protect privileges and interest of the wealthy and the rest of society members should be economically exploited or should be looked at as pure manpower and should be treated as such. Racism serves as an instrument to create competition among workmanship and govern aggressions against the ones who are stigmatised as "not belonging to us". Racism is incraved in the system and directed against all of us.
S.T.:

Today, I am a refugee in this racist society and state whose police is accusing me (falsely, I repeat). It is a society and state that oppress, exclude, treat human beings like things, kill, deport back into death or drive to suicide people whose only crime is not to be white enough to be accepted, rich enough to be able to pay rights and privileges or "useful" enough to be welcome here. Therefore, Honorable Mr Judge, the question which is asked to you today is : will you allow the justice to be misused (as a tool) by a police at the service of a racist system?

Moreover, the police accuses me of "resisting against the state authority"; I say: it's true and it's not new. In effect, in Africa, I have resisted and fought against the dictatorial and neocolonial state. Here in Germany, I rebel against a racist, imperialist and neocolonialist state. If this is a crime, then do sentence me! But you must know that this won't prevent my comrades and me to carry on the resistance and the struggle against this System.

It is understandable that one considering this kind of mechanism one feels powerless and unable to opposition. "well meant help organisations" frequently turned out to be an instrument of the politic in power and contribute in their way to help create dependence and pressure under the motto " we help you if you go by our roles"! By doing this the attendant turns into a passive victim and undeliberatly fills in for him designed spot to support the system. In order to live a life in dignity necessity is to counteract predesignated roles and to try to strictly follow a path of own ideals in life. The pressure to assimilate in the direction of the so called integration usually means nothing else than self-diminishing and the let go of own tradition. It is enough "We want to be respected as what we really are, and we will no longer permit to be marginalized!"


Emancipate yourselves
from mental slavery

None but ourselves
can free our minds!

All over Europe migrants start to overcome the status of victim and to proclaim: enough, ya basta!
There is for example the daily power gaining movement of "Sin Papeles" in spain or the "Sans Papiers" (Sans Papiers = people without papers, illegals) in france.

Madjiguène Cissé (Sans Papiers, France)

Despite the warning of the organisations, which always believe things are too risky, Sans Papiers presented himself in an open way and gained so its power. They invaded churches and restaurants, they used the launch breaks to marge into manufactories where they have discussions with workers, despite interdiction they hand out leaflets at subway stations, they personally speak with politicians and political parties, where they are not invited they invite themselves and just show up.

Immigration is the consequence of depth and structural adjustment of the IWF. We say: documents for every one.

Our concern is the "Libre Circulation" - free move around. Meaning that all workers are allowed to travel wherever they want. They want to stop me as a worker to travel to Germany or France. They only want to stop a part of the workers to circulate. The Question is: is that to be tolerated that the rich can go anywhere they want and that a part of workers are stopped to travel. The conditions to renew documents become tough here. These are laws designed just to issue less documents. The goal is not to deport all foreigners. The goal is to generate more "Sans Papiers". They don't want to deport us all. They want more people without papers, who then will take any work for low wages. The laws are made such to reach this goal.

We don't want to beg for documents. This humanitarianism is not what we want. This is our political fight, that states the question for the North-South relations, the third world debts and distribution of wealth. You cannot build a fence around Europe, as long as there is poverty, misery and war. One cannot colonialize countries and people and then say: "stay there, don't come to us. We need quietness."

We are big and mature enough. We feel capable to decide for ourselves. This was then a center of gravity of the Sans Papiers fights, this autonomy. It was not easy. Numerous organisations had stopped to support us, but we continue and we say to our selves: We want to fight our fight and decide for our self. We did that and this was something entirely new.

   
 

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